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Terms and Conditions

Terms and Conditions

 

COVID-19 TERMS & CONDITIONS

 

This set of terms & conditions replaces the pre-existing terms and are applicable from 23rd March 2020. They will remain in place until such time as the World Health Organisation declares the pandemic over and all social distancing, lockdown and travel restrictions are lifted.

 

Once these conditions are removed, all bookings will revert back to Newquay Activity Centre’s standard terms and conditions (below).

 

In order to adhere to this recognised Global Force Majeure event, and to obey to restrictions enforced by the Prime Minister on the 23rd March 2020 and any subsequent lockdowns or restrictions, whether local or national due to Covid-19, we have amended our standard terms until further notice.  This will enable guests to postpone their activity and move their booking to a mutually agreed date up to 18 months from their original booking date and carry forward 100% of the booking’s value regardless of any future price increases.

 

THINKING OF CANCELLING?

We appreciate that in these unprecedented times you may be concerned, but our advice to our customers is to call and speak to us if you have any worries or questions. At this time, we strongly advise to defer your bookings where necessary to ensure all monies paid are retained for future use. We have reviewed our deferment policy and can now extend the validity of a credit up to 18 months. Should you find that you are unable to rebook or use your credit, please contact us to discuss, when we will be more than happy to assist.

 

NEWQUAY ACTIVITY CENTRE TERMS & CONDITIONS

 

  1. When booking a course, full payment is taken by Newquay Activity Centre. A declaration form must be filled in and completed on arrival at the centre before a person can take part in any course. Newquay Activity Centre do not accept any liability for loss caused by failure to complete the declaration form.
  2. Newquay Activity Centre require 100% of the total course cost when booking and have the right to cancel a person’s place on the course if full payment is not received. Course reminders will not be sent.
  3. Any cancellations or changes to your booking must be made in writing and will only be accepted from the date they are received by Newquay Activity Centre. Newquay Activity Centre will offer a credit note, if for any reason it is deemed unsafe to deliver an activity.

Refunds for cancellations are as follows:

  • 4 weeks or more from Experience start date = full refund
  • 2-3 weeks before Experience start date = 50% refund
  • Less than 2 weeks to Experience start date = no refund
  • If the booking is changed more than 21 days prior to the Experience, Newquay Activity Centre will make every effort to change the requested booking. Less than 21 days prior to the start, no changes can be made
  1. Newquay Activity Centre assume no liability in respect of personal injury, loss, damage or third party claims which occur through no fault of their own, or their instructors and cannot accept responsibility for any of the reasons cited above that a person may incur whilst participating in any of the activities unless Newquay Activity Centre can be proven negligent. I accept that I participate at my own risk and I confirm that I have my own insurance to cover any such injury, loss or damage or have chosen not to take out such insurance, even though I understand that this is my responsibility. I have declared any medical conditions (e.g. asthma, epilepsy etc.) or any other special needs that may affect mine or others’ safety whilst participating and accept Newquay Activity Centre do not accept any responsibility for any conditions not disclosed. I will not be permitted to consume alcohol or drugs prior to, or during, the activity sessions. Staff reserve the right to refuse participation to anyone considered to be under the influence of alcohol or drugs.
  2. Newquay Activity Centre’s equipment will be used for the activity, unless previously agreed. If I should damage or lose any Newquay Activity Centre’s equipment, I agree to inform a member of staff and understand that I will have to pay the current replacement value for any repairs or replacements.
  3. I agree to abide by all decisions and adhere to all instructions that Newquay Activity Centre staff and instructors make whilst under their supervision. This includes sea-related conditions beyond Newquay Activity Centre’s control (flat days, fog, dangerous sea conditions etc.) In this case, should a course/lesson be cancelled, a credit note will be issued which is valid for one year from the date of cancellation. No refunds will be issued. Newquay Activity Centre staff may require any participant to leave the activity session without compensation if that person acts in such a manner as to endanger him/herself or any other user or staff member.
  4. The accommodation providers listed on the website act as a guide only to assist in booking accommodation. No responsibility is taken by Newquay Activity Centre for booking any accommodation and they cannot be held responsible for any aspect of or problems arising from accommodation arrangements.
  5. The prices printed on this website are valid at the time of publication. Newquay Activity Centre reserve the right to increase or reduce any of the prices any time after publication. Any changes will be made clear at the time of booking. Newquay Activity Centre reserve the right to cancel or change course dates subject to notification of those persons booked on to course.
  6. Permission is given for participant’s contact details to be entered into the Newquay Activity Centre database and held in accordance with the Data Protection Act 1998. This information will not be forwarded to third parties.
  7. Any credit note issued for a cancellation is valid for one year from the date of issue.
  8. All of our group activities are a minimum age of 8. If anyone in your group is younger the lesson will need to be run as a private session.
  9. Complaints concerning the centre or the activities should be referred to Newquay Activity Centre management at the end of the session and followed up in writing within 7 days of the session/course. Newquay Activity Centre will act accordingly to do everything possible to rectify the situation and issue a written reply.
  10. Any lost property will be kept at Newquay Activity Centre for a period of 2 days.  If the item is not collected within that time frame, then Newquay Activity Centre reserve the right to dispose of the item.  This includes Identification that has been unclaimed after surf equipment has been hired. No exception will be made.
  11. If your activity comes with a photo package, then Newquay Activity Centre will endeavour to upload and email you the website link for the photo gallery within 48hours.  If you have not received this email within the timeframe it is the guest’s responsibility to contact the centre.  This must be done within 1 day after the initial 48hours.  Failure to do this will result in any photos being deleted.  If for any reason photos cannot be provided due to equipment failure or unclear email address being supplied a credit note will be provided, or a reduced price session will be organised where the photos will be re shot.

 

 

TRAINING TERMS & CONDITIONS

 

THE TERMS AND CONDITIONS OF CONTRACT BETWEEN NEWQUAY ACTIVITY CENTRE LIMITED AND ITS CLIENTS

Newquay Activity Centre Limited is registered in England under company number: 07639348 with offices at,

Newquay Activity Centre
60 Fore Street,
Newquay,
Cornwall,
TR7 1LW

The company provides education, coaching, training and mentoring services and support to Customers (‘the customer/’you’/’your’).

References to ‘events’ or ‘programmes’ or ‘courses’ in these Terms and Conditions are references to online and live training, one to one and group sessions.

 

DEFINITIONS

“NAC”, Newquay Activity Centre, the “company” or “us” means Newquay Activity Centre Limited

Please carefully read the following terms and conditions relating to your participation in the Company’s products/events/seminars/courses/workshops.

For the sake of these terms and conditions products/events/seminars/courses/workshops will be collectively referred to as ‘Courses’. By registering for or purchasing the course you (the ‘Buyer”) signify your acceptance of and obligation to these terms and conditions. If you have objections to the following Terms and Conditions, you should not register for, or purchase our products, courses or events.

 

ENGAGEMENT

You hereby acknowledge and agree that you have read all the terms and conditions and you agree that the Application Form together with these Terms and Conditions form a contract between you and Newquay Activity Centre Limited. These terms and conditions (the “Terms”) and any credit approval application (“Credit Application”) are the basis of the contract (the “Contract”) between NAC (“Newquay Activity Centre Limited”/”us”/”we”/”our”) and you.

You should print a copy of these Terms or save them to your computer for future reference.

We may amend these Terms from time to time. Every time you wish to make a booking with us, please check these Terms to ensure you understand the terms which will apply at that time.

 

THE CUSTOMERS

The customers of the programme are those persons who obtain access to the Services of the Newquay Activity Centre by:

Making full or part payment of the fees in accordance with this Agreement

Only persons aged 18 year of age or over and who are able to enter into a binding agreement are eligible to become Customers of the Company.

 

APPLICATION  OF THESE TERMS

Payment of the deposit (as detailed below) is an offer by you to enter into a binding contract with us, which we are free to accept or decline at our absolute discretion.

We intend to rely upon these Terms and any document expressly referred to in them in relation to the Contract between you and us.

We have the right to revise and amend these Terms from time to time. You will be subject to our Terms (including policies and procedures) in force at the time that you enrol on a course with us, unless any change to those policies or these Terms is required by law or government or regulatory authority in which case the same will apply to courses you have enrolled on or started.

If you do not provide us with the requisite information, or you provide us with incomplete, incorrect or inaccurate information or instructions, we may make an additional administration charge of a reasonable sum to cover any extra work that is required or choose to cancel this Contract.

Applications will only be accepted with payment of the deposit, although please note that some courses require payment of the full fee. Please note that any deposits are non- refundable. If your course requires you to have a particular qualification, you must provide proof of that qualification when enrolling.

The balance of course fees (i.e. the total fee(s) less any deposit previously paid) is due immediately in full by 1st December 2020. If the balance is not paid, we reserve the right to suspend access to online accounts and/or treat the course as being cancelled and offer the place to another student. All course bookings are subject to availability.

Bookings made via third parties – Newquay Activity Centre work with a number of third-party resellers for various courses. If customers have engaged with and enrolled via a third party all details of the enrolment process will be held with that third party, all queries relating to the enrolment process should be directed to the third party in question. Newquay Activity Centre are only responsible for the delivery of the product purchased.

 

AGREEMENT

By joining as a Customer of the Company you agree to be bound by this Agreement and that the contents here of will govern your relationship with the Company. This agreement informs you of the terms and conditions applicable to your customer-ship of the Company. Before you decide to join the Company as a customer it is important that you: Read these terms and conditions carefully and make sure that you take special note of the cancellation and refund policy, the limitation of liability and your release contained in the Agreement.

Retain a copy of the Agreement for your future reference. Make sure that you are satisfied with the Privacy Policy of the Company

 

DISCLAIMERS

By law we can only guarantee your satisfaction with our training, not your results. Our courses and programmes are for your educational and informational purposes only. As stipulated by law, we make no guarantees that you will do well, achieve any results or make any money from our information, and we offer no professional, legal, therapeutic, or financial advice. Our training cannot replace or substitute for the services of certified professionals in any field, including, but not limited to, financial, health, or legal matters.

We do not purport anything we do or teach as a “get rich scheme,” and any financial numbers outlined in our training are examples, opinions and illustrations, and thus should not be considered average earnings, exact earnings, or promises for your actual or future performance. There can be no assurance that any prior successes, or past results, as to income earnings, can be used as an indication of your or anyone’s future success or results. Check with your accountant, lawyer or professional advisor, before acting on this or any information.

 

LIABLITY WAIVER

You alone are responsible and accountable for your decisions, actions and results in life, and by registering for our courses, workshops, events, you agree not to attempt to hold us liable for any such decisions, actions or results, at any time, under any circumstance. You agree that Newquay Activity Centre is not responsible for the success or failure of your business or personal decisions relating to any information presented by Newquay Activity Centre, or our Newquay Activity Centre products or services, and you specifically release our founder, Robert Barber, or our representatives or contractors from liability for any special or consequential damages that result from the use of, or the inability to use, the information or strategies communicated through our Seminars, Courses, product materials, websites, or any services provided prior to or following this program, even if advised of the possibility of such damages or caused by negligence of the company or its representatives. You, the buyer hereby accepts all risk to his or her business and health excluding personal injury or death that may result from the companies’ negligence whilst the buyer has been participating in the courses.

 

LIMITATION OF LIABILITY

Notwithstanding any other provision in this Agreement, nothing will limit your statutory rights; or will exclude or limit Newquay Activity Centre Limited’s liability for:

  • Death or personal injury resulting from negligence
  • Fraud or fraudulent misrepresentation
  • Any matter for which it would be unlawful for the Company to exclude or attempt to exclude its liability.

 

Newquay Activity Centre will not be liable, in contract or tort in respect of pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise for:

  • Any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings)
  • Any loss of goodwill or reputation; or
  • Any special or indirect losses; or
  • Wasted management or office time
  • Any other loss or damage of any kind suffered as a result of or incurred arising out of or in connection with the provision of the Services in terms of this Agreement even if such losses are foreseeable or result from a breach by Newquay Activity Centre or as a result of any action we have taken in response to any breach by the Customer.

 

The customer hereby releases and holds Newquay Activity Centre, its agents, representatives and employees harmless from all liability, which they may at any time, have to the customer (except for gross negligence) resulting from:

  • The training and/or any portion of the training in which the Customer voluntarily participates
  • Any negligent acts or omissions
  • Actions
  • Damages
  • Proceedings
  • Claims
  • Costs
  • Demands

 

BUYERS CONDUCT

The company requires all buyers to be respectful and professional to our staff, location hosts, coaches, and other customers and their guests or families throughout the course of any programme.

The company reserves the right to ask the buyer and /or their guests to leave the venue immediately should they be deemed rude, uncooperative, unprofessional, intoxicated or in possession of alcohol or any illegal substance. In such case, the Buyer’s tuition/fees for the course will not be reimbursed under any circumstances and they will not receive any of our advertised bonuses or qualify for our satisfaction guarantee or any other written or implied guarantee.

 

LATE PAYMENTS

Where payments are made by agreed instalments and those instalments have not been paid on the due date, we reserve the right to withhold the release of examination results and/or delay the marking of course work until outstanding sums are paid. We reserve the right to suspend access to online accounts and/or treat the course as being cancelled and offer the place to another student. No refund of any course fees paid by you will be made. We also reserve the right to charge interest on late payments at a rate of 8.75% above the base rate from time to time of Lloyds Bank (or other UK clearing bank) as may be notified to you accruing on a daily basis until payment is made. If you are a business, we additionally reserve the right to claim interest under the Late Payment of Commercial Debts (Interest) Act 1998.

 

CHANGES AND CANCELLATIONS BY YOU

Cancellation under the Distance Selling Regulations

If you are a consumer and make a booking via our website or by telephone, you have a legal right to cancel a Contract under the Consumer Contracts (Information, Cancellation & Additional Charges) Regulations 2013 (‘Distance Selling Regulations’) during the cooling off period of 14 calendar days from date of purchase. This means that during the relevant period if you change your mind or for any other reason you decide you do not want to enrol on a course, you can notify us of your decision to cancel the Contract and receive a refund. Advice about your legal right to cancel the Contract under these regulations is available from your local Citizens’ Advice Bureau or Trading Standards office. A cancellation form is available on request.

If you exercise your legal right to cancel under the Distance Selling Regulations, you will receive a full refund of the price you paid when booking and we will process the refund due to you as soon as possible and, in any case, within 30 calendar days of the day on which you gave us notice of cancellation.

Your legal right to cancel a Contract starts from the date when you purchase a course or other product/service from us – which is when the Contract between us is formed. You have a period of 14 (fourteen) calendar days in which you may cancel the booking, starting from the day after the day when the booking is made. If this period ends on A public holiday, then the period will be extended until the next working day.

If your course is due to start within the cancellation period, then your legal right to cancel is as follows:

If your course (online or practical workshop) has started and ended during the cancellation period, then your legal right to cancel will not apply

If your course has started but is due to end after the cancellation period, then your legal right to cancel still applies. However, you will have to pay a proportion of the course fee which we will base on the total price of the course and the period of the course from the start date to the date of cancellation.

Online courses commence from the date that you receive your login details or receive the product.

 

OTHER RIGHTS OF CANCELLATION

We understand that occasionally, due to unforeseen circumstances, applicants may need to alter or cancel their arrangements. In these cases, every effort will be made to accommodate the change, although please be aware that it may not always be possible. There may also be a delay in enrolling you onto an alternative course. To request an alteration or to cancel your course booking you must send a letter or email of cancellation, together with an alternative booking (where applicable) to our customer service team.

Any alterations and/or cancellations are at our discretion and are subject to an administration fee, as outlined below.

Where you wish to transfer to an alternative course and we are willing to accommodate your request then any fees paid, including the deposit, will be transferred to the alternative course;

or

Where you wish to cancel your course booking but do not wish to enrol on an alternative course, where approved by us in writing (at our discretion), we will refund you the balance of the fees paid, less the deposit.

The following administration charges will apply to all cancellations or alterations. No cancellations will be refunded after the 1st December 2020.

 

Failure to attend or cancellation of an exam (all courses) will be liable to an administration fee of £150.00.

Changes to workshop attendances will be liable to administration fee of £150, details will be confirmed to you when requesting the change. Please contact our Customer Services to discuss further.

In cases where a refund of fees is due, this will be returned to you (at our election) either by cheque or a direct refund on to the credit/debit card used as the original method of payment.

The administration fee will be deducted from the amount refunded. We will process the refund due to you as soon as possible and, in any case, within 30 calendar days of the day on which you gave us notice of cancellation.

If you wish to transfer courses more than once, we reserve the right to charge an administration fee in respect of each individual transfer and/or alteration.

In respect of the Outdoor Activity Instructor Course, if any of the assessments result in a fail then it will fall upon the student to pay for re-assessment. When possible, Newquay Activity Centre will supply further training at no further cost to the pupils in order to assist in their re-assessment and future success.

We reserve the right to make additional charges on cancellation to cover costs incurred by us in respect of course materials, online learning registrations and/or tutor time. You will be notified of any charges that may be applicable on cancellation.

 

CHANGES AND CANCELLATIONS BY US

If circumstances arise that are beyond our control, it may be necessary from time to time to change/cancel course dates, content, venues and prices from those published. Whilst we will make every effort to transfer your booking to the next available course at your preferred venue, it should be noted that we will not be held liable for any costs/losses incurred as a result of any such changes. If we are no longer able to provide your course, we will ask you to return any course materials to us in the condition as originally delivered to you and refund to you any fees paid to date when we receive the materials as required.

We reserve the right to remove from any course, students that fail to comply with its standard practices and procedures. We reserve the right to refuse enrolments and/or suggest alternative arrangements if we believe that it will not be in our best interests of other participants and/or the individual concerned to attend one of our courses.

 

VENUS

You will be expected to attend face to face contact days within one of Newquay Activity Centre designated venues. Whilst within each facility, you must adhere to all health and safety policies of the venues you attend.

 

PRICE

Where stated prices quoted are inclusive of VAT.

 

EXCLUSIONS

Note that events are not residential and do not include accommodation or food and beverages unless stated.

 

PAYMENT TERMS

These are “pay in full” at the time of purchase or external third-party finance agreement. Payment plans may be offered in certain circumstances. In this instance the final payment will be due no later than than 1st December 2020.

 

CONSEQUENCES OF FAILURE TO PAY

If payment is not made within the time limits set out above, this will be a breach of contract by the client entitling Newquay Activity Centre to treat the contract as at an end and reallocate the bookings and/or tickets without notice to the client.

In the event of Newquay Activity Centre treating the contracts as at an end Newquay Activity Centre shall be entitled to retain all sums already paid by the client, and the full balance, if any, of the price of the booking shall become immediately payable by the client to Newquay Activity Centre. This is without prejudice to Newquay Activity Centre rights to claim damages from the client in respect of any loss suffered by Newquay Activity Centre.

 

CANCELLATION OR VARIATIONS BY THE CLIENT

Cancellation: Any notice of cancellation by the client of a booking or part of a booking must be made in writing by letter or email sent to Newquay Activity Centre and received no later than 1st December 2020. Refunds will be made within 30 days of receipt of a correct cancellation notice. The exception to this is if you have accessed the course (online or practical workshop) or any other course/product in which case you will not be entitled to a refund or cooling off period of any kind.

Once the Buyer registers for the event or purchases the product or programme, Newquay Activity Centre makes extensive arrangements and investments while anticipating their tuition and attendance, and, in the case of their cancellation, incurs significant administration hassles, expenses, and loss of business. Given this fact we do not accept cancellations or issue refunds beginning 14 days after Buyer has registered for the event or purchased the Programme whatsoever.

 

ASSESSMENT DEFERRALS

If a student refers their assessment there will be an admin fee of £150 to be reassessed at a later date. All resits of the practical assessment are subject to availability.

If assessment amendments or resits are required, students may contact [email protected] with any changes to assessment dates so that Newquay Activity Centre can update registers, inform tutors and arrange for the amendment fee to be charged. The change will be registered on receipt of payment of said charge.

 

ATTENDANCE OF PRACTICAL WORKSHOPS:

  • Once your date is confirmed your course or programme is non- transferable and non- refundable.
  • Under certain reasonable circumstances, a request to change the date once will be considered by Newquay Activity Centre and at its sole discretion and if agreed will be subject to a £150 administration fee.
  • All variations are subject to availability and at the discretion of Newquay Activity Centre.

 

ALTERATIONS TO ADVERTISED PACKAGES

All advertised packages are subject to availability.

Every reasonable effort will be made to adhere to the advertised packages; however, any packages may be altered, or dates changed either before or after confirmation of the booking. Where such alterations, omissions or changes of date occur prior to the confirmation of the booking, Newquay Activity Centre Limited accepts no contractual liability. Where such alterations or changes of dates occur after confirmation of the booking, Newquay Activity Centre agrees to use endeavours as it considers to be reasonable to make alternative packages available.

 

INVESTMENT AND PAYMENT

You must pay to Newquay Activity Centre Limited in consideration of the products and/or services offered by the Provider:

(a) The fee specified at time of purchase and registration in one lump sum without set off, deduction or counterclaim; or

(b) If we have agreed that you may pay by Instalment, you must pay each Instalment without deduction on the Instalment Payment Date required by us and as communicated.

Payments made under this agreement must be made by the means specified.

If you fail to pay an Instalment sum by the Instalment Payment Date for that sum then ALL monies owing by you (which includes the full customer-ship and additional company fee) shall become due and owing and must be immediately paid to us without set off or deduction or counterclaim and without need for any further demand.

If Payments are not made by the due dates, your course/programme/event may be cancelled, and no refund or credit will be given, and the full amount will become due immediately.

 

COOLING OFF PERIOD

This agreement shall be voided if you advise us in writing, prior to the 1st December, that you no longer wish to receive Newquay Activity Centre Services and/or products by delivering or sending (including by electronic mail) a cancellation notice to Newquay Activity Centre Limited. In those circumstances only Newquay Activity Centre will refund to you all monies or part thereof, which you have paid to us under this agreement within 30 days of receipt of such cancellation notice. The exception to this is if you have begun the programme (online or practical workshop) or any other programme/product in which case you will not be entitled to a refund or cooling off period of any kind.

You further acknowledge and agree that outside of the 14 day cooling off period; if, at any time or for whatever reason, you decide you do not wish to receive the products and/or services from Newquay Activity Centre, you will not be eligible for a refund of any monies you have paid to us under this agreement and the balance of the fees set out in the Order Form will become due immediately and payable by you.

 

COURSE FEES

The fee payable is set out for you at time of purchase either on an online order form, credit agreement, or through our telephone sales process.

All Customers are deemed to have agreed to our terms on registration unless otherwise advised within the 14 day cool off period.

This is not a credit agreement and as such is not covered by the Consumer Credit Act 1974. The ‘Fee’ is the total amount payable by the Customer over the selected period for the selected service.

Should you choose to pay your customer-ship in one payment on the date of joining, a discount may be applied.

 

LOCATION OF EVENTS

Newquay Activity Centre reserves the right to move any meeting to another venue within a 50 mile radius of the originally named venue on giving not less than 48 hours’ notice to the Customer.

Travel costs, accommodation, meals and refreshments

 

CANCELLATION BY CUSTOMERS & REFUNDS

Your cancellation notice must contain your full name, address and contact numbers. See section on cancellations for further information on the 14 day cool off period.

You should send your cancellation notices, as well as any other notices you wish to send for purposes of any term of this Agreement, to:

Newquay Activity Centre Limited,

60 Fore Street, Newquay, Cornwall TR7 1LW

OR Email: [email protected]

 

CANCELLATION OF EVENTS BY NEWQUAY ACTIVITY CENTRE

(UK ONLY) Should a course be cancelled or withdrawn due to circumstances beyond the Company’s control, the customer will be informed thereof with 24 hours’ notice.

A cancelled course will be rescheduled at the earliest opportunity and the customer will be given 72 hours’ notice of the details of the new course.

No refund of fees or reduction of fees will be due to the customer where a course had to be rescheduled.

 

PRIVACY POLICY

The company shall hold your personal details on file and on computer in accordance with GDPR regulations 2018.

You may view your individual file at the registered address of the Company, stated above, by giving not less than seven days written notice.

 

INTELLECTUAL PROPERTY RIGHTS AND COPYRIGHT

All material provided to you by Newquay Activity Centre is owned by the Company; Newquay Activity Centre Limited and is protected by copyright.

Any intellectual property rights in the material and content supplied as part of your customer- ship of the Company shall remain the property of Newquay Activity Centre

You may not reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content provided by the Company, except with the consent in writing of Newquay Activity Centre. Any other use of the material and content is strictly prohibited. The Customer agrees not to (and agrees not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works from such material and content.

The Customer agrees to use all information contained and presented in the meetings of Customers only for the purposes of self-improvement.

The Customer may not record any meeting or any part thereof

 

SEVERABILITY

If any provision of this Agreement is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions in this Agreement and the remainder of the provision in question will not be affected and shall remain of full force and effect.

 

NON-WAIVER

Should Newquay Activity Centre at any time fail to insist upon strict performance of any of your obligations under this Agreement, or fail to exercise any of the rights or remedies to which the Newquay Activity Centre is entitled under this Agreement, it shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with your obligations. No waiver by Newquay Activity Centre shall be effective unless it is expressly stated to be a waiver and is in writing.

 

GOVERNING LAW AND JURISDICTION

These terms and conditions will be governed by the laws of England and Wales and you irrevocably agree to submit to the exclusive jurisdiction of the courts of England and Wales.

 

NON-REPRESENTATION

You acknowledge that you have not relied upon or been induced to enter into this Agreement by any representation other than a representation expressly set out in this Agreement and Newquay Activity Centre shall not be liable to you in contract or tort, under the Misrepresentation Act 1967 or in any other way for any representation not expressly set out in this Agreement. Provided that nothing in this Agreement shall affect the Company, Newquay Activity Centre liability in respect of any fraudulent misrepresentation.

 

WHOLE AGREEMENT

This Agreement together with the Schedules sets out the entire understanding between you and the Company in relation to the matters concerning Customer-ship of the Company and no other agreements or understandings, not contained herein, shall be relied upon by you.

 

VARIATION

Newquay Activity Centre reserves the right to make changes to these terms and conditions, which regulate the basis upon Customer-ship of the Company, as may be required.

 

COMPLAINTS HANDLING

Should you have a problem or complaint we want to know. Most problems can be dealt with by sending a letter or email to the address for notices given above. Newquay Activity Centre will endeavour to investigate all complaints and respond as quickly as possible. Newquay Activity Centre will acknowledge receipt and confirm the timescales for a full response when a complaint is received.

 

DISPUTE RESOLUTION

If any dispute arises between Newquay Activity Centre and you then we agree to attempt to settle it by mediation. We both remain entitled to seek resolution of any contractual dispute in any court or tribunal without having to undergo a mediation process.

 

FORCE MAJEURE

If Newquay Activity Centre is prevented or impeded from performing any of its obligations as a result of an event over which the Company has no control (‘Force Majeure’) it shall promptly give notice to you stating the circumstances consisting of such event of Force Majeure and the extent and likely duration whereupon such obligations shall be suspended for as long as the event of Force Majeure continues.

If the company is affected by an event of Force Majeure shall make every reasonable effort to minimise the effects thereof and shall promptly resume performance as soon as reasonably possible after removal of the event of Force Majeure.

Where the period of non-performance in relation to any event of Force Majeure exceeds 30 Days from the date of notice of such event of Force Majeure then you or Newquay Activity Centre may by written notice terminate this Agreement forthwith.

For correspondence, Contact:

Newquay Activity Centre Limited,

60 Fore Street, Newquay, Cornwall TR7 1LW

OR Email: [email protected]