Terms & Conditions
Please take a look at our terms & conditions. We have aimed to make them straightforward.
Section 1: Pre-Retirement Programmes
In the case of an individual registering for a “The Retirement Practice” (T Latham trading as The Retirement Practice) programme (the “Programme”), the individual Participant (the “Participant”) is committing to pay the full programme fee without any set off or deduction. Electronic payment will be required at the time the booking is made.
It is anticipated that, in sponsoring a Participant, a company is committed to meet that Participant’s Programme fees. A sponsoring company (the “Sponsor”) must ensure that payment can be made at the time of booking the Programme. A Participant will not be enrolled on to the chosen Programme without payment being provided by their Sponsor.
In no circumstances will a Participant be permitted to attend a Programme without full payment being made in advance of the start date.
1.2 Cancellation by The Retirement Practice
The Retirement Practice will make all reasonable efforts to deliver the Programme as outlined on the website and in any brochure. However The Retirement Practice reserve the right to:-
- Make reasonable adjustment to the timetable, location or staff specified for a Programme; and
- Make reasonable amendments to the content and syllabus of a Programme when necessary.
The Retirement Practice reserve the right to cancel any Programme in its entirety or the Participant’s participation in a Programme by giving the Participant and, where applicable, their Sponsor notice in writing at any time before the Programme is due to start. In such an instance, The Retirement Practice will refund all fees paid by a Participant or their Sponsor and, where a Programme is cancelled in its entirety, will endeavour to offer a transfer to another Programme as an alternative, subject to payment or refund of any difference in the Programme cost.
The Retirement Practice’s maximum liability will be limited to a refund of received fees for the cancelled Programme. For partial cancellation of a Programme, such refunds will be made on a pro rata basis. The Retirement Practice will not accept liability for any costs or losses incurred by Participants or Sponsors, which are claimed to have arisen through Programme cancellation.
1.3 Cancellation Charges
Cancellation charges are levied on late cancellations by a Participant or non-attendance on a booked Course. This charge is necessary to recover the facility costs that The Retirement Practice will incur and the lost opportunity cost on the fee. The current cancellations fees are as follows:
- Written notice of cancellation received by The Retirement Practice more than four weeks prior to the first day of the Programme: 75% OF PROGRAMME FEE
- Written notice of cancellation received by The Retirement Practice less than two weeks prior to the first day of the Course: 100% OF PROGRAMME FEE
- Failure to attend without written notice: 100% OF PROGRAMME FEE
Any Programme cancellations must be made known to The Retirement Practice by the Participant and, where applicable, their Sponsor by emailing email@example.com
1.4 Cancellation under Consumer Contracts
Information, Cancellation and Additional Charges Regulations 2013 (the ‘Regulations’)
1.4.1 In addition to the other terms and conditions specified herein the following cancellation terms shall apply where the Participant is a consumer:
- The Participant has the right to cancel this contract within 14 days of booking without giving any reason.
- The cancellation period will expire after 14 days from the day of the conclusion of the contract.
- To exercise the right to cancel, the Participant must inform The Retirement Practice by email to firstname.lastname@example.org, of the decision to cancel this contract by a clear statement.
- To meet the cancellation deadline, it is sufficient for the Participant to send communication concerning their exercise of the right to cancel before the cancellation period has expired.
1.4.2 Effect of cancellation
- The Retirement Practice will make the reimbursement without undue delay, and not later than 14 days after the day on which it is informed about the Participant’s decision to cancel this contract.
- The Retirement Practice will make the reimbursement using the same means of payment used by the Participant for the initial transaction, unless the Participant has expressly agreed otherwise; in any event, the Participant will not incur any fees as a result of the reimbursement.
- If the Participant requested to begin the performance of services during the cancellation period, the Participant shall pay The Retirement Practice an amount which is in proportion to what has been performed until the Participant has communicated to The Retirement Practice the cancellation of this contract, in comparison with the full coverage of the contract.
For the avoidance of doubt, the rights available under this Clause 1.4 shall only apply where the Programme fees are met and paid directly by the Participant in their capacity as a ‘Consumer’ (as defined in the Regulations) and shall not apply where the Programme fees are being met and/or paid by a Sponsor (by definition not being a Consumer).
Section 2: Programme Content
2.1 Programme Scope
The scope of the Programme is as detailed in the Programme descriptor on the website. The Retirement Practice reserves the right to amend the Programme contents where reasonable to do so, as detailed in Condition 1.5 above.
The Participant will be solely responsible for determining whether the Programme is sufficient and suitable for the needs of the Participant. The Retirement Practice does not provide any guarantee in respect of the standard of a Participant’s abilities on completion of the Programme.
Section 3: General
3.1 Intellectual Property
The Retirement Practice retains title to all intellectual property rights subsisting in the Programme content and materials.
The Retirement Practice, Participants and Sponsors agree to treat any confidential information and materials received from the other or from a third party on behalf of the other in confidence and to use it only for purposes of the Programme.
The above commitment of confidentiality shall not apply to any information which is already in or comes into the public domain otherwise than through the fault of the receiving party or has been independently developed by the receiving party.
Neither The Retirement Practice nor a Participant or Sponsor will use the other’s name or logo in any press release or product advertising, or for any other promotional purpose, without first obtaining the other’s written consent; except that a Sponsor may promote the Course in order to recruit Participants.
3.3 Freedom of Information
The Participant acknowledges that The Retirement Practice is subject to the provisions of the Freedom of Information Act 2000 (“FOIA”) and that any disclosure of Confidential Information made by The Retirement Practice under the provisions of the FOIA shall not constitute a breach of confidentiality. However, The Retirement Practice shall use all reasonable endeavours to give the Participant five (5) days written notice before divulging any confidential information.
3.4 Warranty and Liability
The liability of The Retirement Practice will not extend to any incidental or consequential damages or losses including (without limitation) loss of profits. In any event, the Participant and, where applicable, the Sponsor accepts and agrees that the maximum liability of The Retirement Practice under or otherwise in connection with the Programme shall not exceed the return of the fees paid by or on behalf of the Participant.
Nothing in this section is intended to restrict or in any way exclude liability for death or personal injury as a result of negligence or for fraudulent misrepresentation.
Except as expressly provided in these Terms and Conditions, any conditions, warranties, representations or other terms express or implied by statute or common law or otherwise are excluded to the fullest extent permitted by law.
The Participant and where applicable, the Sponsor shall indemnify The Retirement Practice in full against any claim, damages, liability or loss (including without limitation loss of profit and loss of reputation) suffered by The Retirement Practice that results from any act (including acts of negligence) or omission of a Participant or his Sponsor while such Participant is attending the Course.
The Participant or Sponsor undertakes to make no claim against any employee, agent or appointee of The Retirement Practice in connection with these terms and conditions.
No party shall act or describe itself as the agent, employee or partner of the other, nor shall it make any commitments on the other’s behalf, and nothing in these terms and conditions is intended to create any agency, partnership or employment relationship.
The Retirement Practice will not be liable for any delay in performing its obligations under these Terms and Conditions if that delay is caused by circumstances beyond its reasonable control (including, without limitation, any delay caused by an act or omission or the other party) and The Retirement Practice will be entitled to a reasonable extension of time for the performance of its obligations.
No failure to enforce a right by either party shall constitute a waiver under these Terms and Conditions.
These Terms and Conditions constitutes the entire understanding between the parties relating to the Programme and The Retirement Practice reserves the right to vary these Terms and Conditions from time to time.
Neither party shall assign or transfer any of its rights or obligations under these Terms and Conditions without the prior written consent of the other party.
Nothing in these Terms and Conditions shall confer on any third party any benefit or the right to enforce any provision of these Terms and Conditions.
These Terms and Conditions shall be governed by Scottish Law and the parties hereby submit to the exclusive jurisdiction of the Scottish courts.
These Terms and Conditions are set in good faith and any misunderstanding or conflict that may arise with respect to their interpretation and fulfilment, will wherever possible be resolved by the parties through prompt consultation and within a reasonable time period after one party raises a written dispute or disagreement with the other.