Terms & Conditions

Terms and Conditions UK

Merbury Ltd (hereafter referred to as the “company”, “Merbury Ltd”, “we”, “us”, and “our”) provides www.merbury.com. We encourage prospective clients to read Merbury Ltd's terms and conditions, prior to any purchases.

Definitions

The “Company”, “Merbury Ltd”, “We”, “Us”, “Our” - this refers to Merbury Ltd with a registered office at International House, 61 Mosley Street, Manchester, M2 3HZ.

“Client”, “Your”, “You” - this refers to the individual purchasing from Merbury Ltd that intends to attend a training event.

“Booker” - this refers to the person making the booking with Merbury Ltd, on behalf of a client attending the course.

“The Website” - this refers to the www.merbury.com

“Terms and Conditions” - this refers to the terms of usage and conditions under which all purchases are pursued and the website is utilised.

“Booking Form” - this is an agreement between Merbury Ltd and its clients, with regard to prospective delivery of services.

“Joining Instructions” - this refers to a set of instructions that are given to clients upon receipt of payment, regarding event-related details.

“Working Days” - this refers to days between Monday and Friday, excluding Public Holidays.

1. Prices:

a)     All pricing quotations are only valid for 7 days from the date that they are first sent to the client. All prices are subject to change due to the dynamic nature of our business and of the training industry.

b)     The published prices do not include any travel, accommodation or living expenses which the client may incur in attending unless specifically mentioned on the Booking Form.

c)     Training event prices listed on correspondence, brochures, leaflets, and materials belonging to Merbury Ltd are not legally binding due to anticipated price fluctuations; they are advisory at the time of public dissemination and do not constitute as part of a legal agreement.

2. Payments:

a)     The course fee(s), are payable in full immediately upon receipt of the invoice. Clients wishing to make payments made from non UK accounts or credit cards must be responsible for all bank charges in relation to the overseas transactions.

b)     Without prejudice or distortion to alternative rights listed, Merbury Ltd will impose a late payment charge of 8% over the Bank of England base rate. Payments can be made by major credit and debit cards, inclusive of credit card charges and PayPal.

c)     Where a Purchase Order is issued, it must clearly state the purchase order number, course dates, full Invoice amount, and contact details for invoicing. When more than one course is booked on the same booking form, full payment for all courses is required immediately upon confirmation before the commencement of the first course.

d)     All administration fees for cancellations are payable immediately upon receipt of the invoice. The Terms of this agreement override over any other terms of business or purchase conditions put forward by the client.

e)     Once a partial or full payment has been processed through the following methods: Debit Card, Credit Card, PayPal, the Client will adhere to Merbury Ltd’s terms and conditions, irrespective of a booking form having been signed.

f)      It is the responsibility of the Client to ensure that the person that approved the purchase of a product, has the correct purchasing authority.

3. Cancellations:

Cancellations made by Merbury Ltd

a)     Merbury Ltd reserves the right to cancel, move, and reschedule a training event or course due to circumstances that are beyond Merbury Ltd’s control, such as trainer illness or low attendance. Reasonable efforts will be made to contact and notify clients of any alterations to their training event or course. If a training event is cancelled, Merbury Ltd will either re-allocate Clients on to future training events with the Client’s consent, offer online training events, or offer a full refund of the pre-paid course fee.

4. Client Cancellations

a)     Except for instances provided under Clause 3, “Cancellations made by Merbury Ltd”, the following cancellation fees will be imposed on all bookings, dependent on the number of days notice provided to Merbury Ltd. If you need to make a cancellation, please notify Merbury Ltd in writing or via email to the following address - Merbury Ltd, PO Box 606, Manchester, M12 0EG.

b)     All cancellation and rescheduling fees are due immediately via debit or credit card.

c)     All cancellations made between 0-30 days prior to the course start date, are subject to a 100% cancellation fee, based upon the full course fee, which must be paid in full upon cancellation.

d)     All cancellations that are made between 31-40 days prior to the course start date, are subject to a 75% cancellation fee, based upon the full course fee, which must be paid in full upon cancellation.

e)     All cancellations that are made between 41-50 days prior to the course start date, are subject to a 25% fee, based upon the full course fee, which must be paid in full upon cancellation.

4. Re-scheduling courses:

a)     Re-scheduling courses with less than 30 days notice prior to the course start date, will result in a 75% charge of the full value of the course booked.

b)     Re-scheduling courses or exams between 31-40 days prior to the course start date, will result in a 50% charge of the full value of the course booked.

c)     Re-scheduling courses or exams between 41-50 days prior to the course or exam start date, will result in a 25% charge of the full value of original booking.

5. Refunds:

a)     When a refund is issued to the Client by Merbury Ltd, the refund may take up to a maximum of 20 working days to be processed. Refunds will be processed using the same payment method that the original payment was made. Deposits and banking fees are non-refundable.

b)     Merbury Ltd will not be liable for any fluctuation in exchange rates or bank charges for overseas refund transactions.

6. Changes to Courses:

a)     Merbury Ltd reserves the right to change any part of a published course; if this is caused by circumstances beyond our control. Merbury Ltd reserves the right to cancel or reschedule any course and will advise the Client as soon as the change is known. Merbury Ltd will use all reasonable endeavours to avoid changes of this nature. For any courses that are rescheduled due to unforeseen circumstances (such as trainer sickness/ low course attendance), every endeavour will be made to provide a replacement trainer or to reschedule the course and we will offer Clients a variety of options to pursue their training programme; however, should the offered alternative not be an acceptable option for the Client, a full refund will be issued.

b)     Contents of course timetables are intended for general guidance only and serve as an advisory purpose only. Any typographical errors including pricing or omission in any website, sales literature, administrative documentation, course materials, or other documents are subject to change without any liability on the part of Merbury Ltd.

c)     The course information, including the course, date, and venue, pre-coursework, maps and directions, will be advised upon the receipt of payment, in the form of joining instructions. Merbury Ltd reserves the right to change the venue, for circumstances that are beyond our control, and will advise the Client as soon as the change is known. Merbury Ltd cannot be held liable for out of pocket expenses due to cancellations or alterations to the course venue, that are out of our control.

7. Course Materials:

If for any reason (including but not limited to transit delays beyond the control of Merbury Ltd) courseware does not arrive on time for the course we will commit to replacing it at the earliest opportunity and make best endeavours to make temporary materials accessible, as required, to continue the learning programme. Refunds will not be granted for transit-related delays beyond the control of Merbury Ltd.

8. Non-Attendance:

Non-attendance of any course for any reason whatsoever is deemed to be a cancellation without notice and payment is due in full. Part attendance of a Course is when a Client does not continue to the full course completion. In this situation the Client will not be entitled to any refund for courses or part of courses that were not attended, this will be deemed as non-attendance.

 

9. Course Suitability:

The booker accepts that it is their responsibility that the course booked is suitable for the requirements and abilities of the clients attending. Merbury Ltd’s employees may recommend courses or learning solutions, however, the assessment and the final decision concerning the suitability of the course is the Client’s responsibility. In cases where we have made recommendations, we do so in good faith and will not be wilfully misleading.

All public and onsite training courses are delivered only in English unless specified otherwise and all Clients must be sufficiently proficient in the English language prior to attending the course.

10. Admission:

Merbury Ltd reserves the right to refuse admission to any person whom it considers in its absolute discretion to be unsuitable for the training programme.

11. Booking on behalf of the Client:

In all cases the booker must bring these terms and conditions to the attention of Clients attending the event, if booking on their behalf. It is the booker’s responsibility to ensure that the Clients receive all the relevant information including the joining instructions, course and venue updates and that they meet the eligibility and published prerequisite requirements.

12. Onsite Training on a Client Specified Site:

It is the Client’s responsibility to provide all facilities, equipment, and setup required for the trainer to deliver the training. Merbury Ltd reserves the right to cancel or discontinue the course if, in the Trainer's opinion, the venue, equipment, or conditions are unsuitable.

13. Onsite and Trainer Expenses:

Trainer expenses for private, onsite, or closed courses will be charged as agreed at the time of the course booking.

A fixed rate for the training expenses will be applied.

14. E-Learning/Online Learning:

a)     Course enrolment, fees, and log-in credentials are strictly non-transferable, non-cancellable, and non-refundable. Fair Usage Policy and Intellectual Property Rights apply to the access of study materials and prohibition of material dissemination.

b)     Merbury Ltd reserve the right to restrict access based on operational requirements including bandwidth consumption to ensure fair access to all learners.

c)     Whilst Merbury Ltd endeavours to ensure that the information on the online platform is correct, we do not warrant the accuracy and completeness of the materials on the site and we make changes to the e-learning/online content from time to time, without notice. Merbury Ltd reserves the right to change or alter course content from that which is published in order to maintain the high quality of the learning. All e-learning examinations are valid for 90 days from date of purchase.

15. Copyrights:

All intellectual property rights for all course materials shall remain the property of Merbury Ltd. The Client agrees not to reproduce, disseminate, sell, hire, lend, or copy the course materials or use them except for the purpose of personal reference. Merbury Ltd warrants that it will not knowingly include any copyright material in its course materials without licence, consent, or attribution.

16. Intellectual Property:

a)     The website, including content, design, organisation, layout, and software code are subject to copyright and intellectual property rights that are owned by Merbury Ltd.

b)     The re-use of illustrations, photographs, diagrams, or videos featured on Merbury Ltd’s website, without attribution, is prohibited under all circumstances. The deletion or alteration of proprietary rights, including copyright and trademarks, is prohibited under all circumstances.

c)     All products and services of Merbury Ltd without limitation are protected by international copyrights, trademarks, and are subject to intellectual property rights. Therefore all intellectual property belongs to Merbury Ltd, its related companies, its affiliates, or suppliers.

d)     The use of Merbury Ltd’s name or logo is prohibited under all circumstances, unless prior written consent is obtained from the Company.

e)     Merbury Ltd does not accept responsibility for intellectual property used during any training provided that does not show an affiliation to Merbury Ltd. Any intellectual property used in a training course, including the course itself, is protected by limitations laid out in international copyright law, and is subject to intellectual property rights.

f)      If we are making a bespoke course, we require a predefined specification to adhere to. In the absence of such predefined specifications, we will adhere to our own guidelines of what we view as “fit for purpose”. If no specification was provided, Merbury Ltd shall not be held responsible for any losses incurred as a consequence of the provided service.

g)     You may not copy, sell, reproduce, distribute, download, modify, display or prepare derivative works based on, repost, transmit, or otherwise use any of the intellectual property of Merbury Ltd’s website or course materials. The information on this site is provided “as is” and without any warranties.

h)     Merbury Ltd does not accept responsibility of content of any third party sites that may be referenced by Merbury Ltd. The following activities are strictly prohibited: use of robots, material dissemination, other automatic device or manual process to monitor or copy the site of any of its content or the replication of this site to any server.

17. Warranty & Liability:

a)     Merbury Ltd’s liability for loss and damage shall be limited to a claim for damages. The maximum aggregate liability will be the charges for the course out of which the loss or damage has arisen. Merbury Ltd will not accept liability for personal injury that incurs during our training courses caused by the negligence of any third party. Merbury Ltd will not be liable for indirect, special, or consequential loss (including loss of anticipated profit or data), howsoever arising, even if it has been advised of such potential loss.

b)     Merbury Ltd will not be responsible for any damage resulting from any computer viruses arising from software installed on a Client’s computer systems.

 

18. Personal Belongings:

Personal belongings or items belonging to a Client that are brought into a training course by the aforementioned Client, are the sole responsibility of the Client. Merbury Ltd accepts no responsibility for the items or any loss or damage that may occur during the course.

19. Non-Solicitation:

For 12 months following either the invoice date or the date of course delivery, of any contract carried out for the Client by Merbury Ltd or an associate company of Merbury Ltd, the Client, will not directly nor indirectly employ or solicit for employment any employee of Merbury Ltd. If the Client breaches this clause, Merbury Ltd shall be entitled to recover from the Client a fee of 50% of the gross annual salary of the employee of Merbury Ltd solicited for employment.

20. Assignments:

Merbury Ltd may assign its interests in all or part of this agreement. The Client may not assign or transfer this contract without the express written permission of a Director of Merbury Ltd.

21. Deviation:

No deviation from these terms and conditions will be allowed without the express written permission of a Director of Merbury Ltd. No communication either verbal or printed on our websites will override these Terms and Conditions. If, in any case, any of these conditions shall be held to be invalid or shall not apply, the contract and the other conditions shall remain in force and effect. These Terms and Conditions override all terms raised on a PO by a client.

22. Force Majeure:

a)     Merbury Ltd shall not be in breach of this contract if the provision of services are delayed or cancelled or reduced through any circumstances beyond its reasonable control, including acts of God (including but not limited to, fire, flood, earthquake, storm, snow, hurricane, or other natural disaster), sickness, war, invasion, act of foreign enemies, hostilities (regardless of whether war is declared), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalisation, government sanction, blockage, embargo, labour dispute, strike, lockout, or interruption or failure of electricity or telephone service.

b)     Clients must ensure that they can attend the training courses that they are scheduled to attend. Merbury Ltd will not be held liable, financially or actually, for their non-attendance, whatsoever the reason may be.

23. Privacy Policy:

a)     Merbury Ltd is committed to maintaining your privacy and the use of your personal information. If at any stage you have a question regarding the personal information that we hold on file, please do not hesitate to contact us.

b)     Merbury Ltd will not disclose personal information to a third party organisation unless we have your prior consent to provide this or you have opted to allow the use of your personal information in the pursuit of performance and delivery of our service to you. If the request for your personal information is for a legal purpose, this we would class as an exception, but only after we have 100% fully verified the name or organisation requesting your personal details.

c)     It is our commitment not to collect personal information from Clients visiting our website unless they have voluntarily submitted their personal information via one of our contact forms that requires information that could be based on an enquiry or to book onto a training course. If you start to complete a contact enquiry form and decide not to finish, partial details are stored from where Merbury Ltd may use this information to make contact with you, only to discuss your initial enquiry that was started but not finished. From time to time, Merbury Ltd may contact you to inform you about a specific future training programme. Visitor IP addresses may be seen by Merbury Ltd and on some occasions, the provider's host name but this information will not disclose your identity. Full privacy policy can be found in Privacy Policy page here www.merbury.com/privacy-policy/

24. Recording of Merbury Ltd’s Employees or associates

a)     The monitoring or recording of any Merbury Ltd employee is not permitted under any circumstances

b)     Clients are not permitted to take any video/photography/audio during the course without prior written consent of Merbury Ltd and its Clients, failure to do so will be considered a direct breach of our terms of business and this matter would be taken very seriously.

c)     Clients are not permitted to take any video/audio during correspondence with Merbury Ltd’s employees without prior written consent of Merbury Ltd and its Clients, failure to do so will be considered a direct breach of our terms of business.

d)     Merbury Ltd will not take photographs, videos, or any audio recordings of you during a course and will not use this material for Merbury Ltd’s own marketing purposes without your prior consent.

25. Security and Encryption:

a)     We use the highest level of security and encryption methods available for processing payments online. We also strictly adhere to best practices of data protection. That means your payment details are as secure as they possibly can be when making a purchase with us.

b)     Merbury Ltd shall implement reasonable measures to ensure that correspondence and machines used during training events are free from viruses and potentially harmful malicious software.

c)     Merbury Ltd makes no warranty for the reliability, protection, or virus-free nature of the material that is downloaded from our website.

26. Confidentiality

a)     All Client and Company information that is disclosed to Merbury Ltd will be kept confidential. Such information will not be disclosed by Merbury Ltd to any third party organisations or individuals, unless reasonably required for the performance of our service delivery, for example booking examinations.

b)     Such information shall only be disclosed to employees that require such knowledge to conduct their role at Merbury Ltd. Such individuals are subject to legally binding obligations of data protection and confidentiality.

c)     Merbury Ltd shall not be liable for the disclosure of any Client or Company information that is readily available in the public domain, or if dissemination is agreed in a legally binding written approval document.

 

28. Exams

a)     All Examination requests must be registered with Merbury Ltd’s Exam Booking Team within 30 days of the course’s conclusion.

b)     Customers will receive their examination registration details prior to their chosen exam date.

c)     If a customer misses an examination due to reasons that are beyond the control of Merbury Ltd, such as technical issues, force majeure, or time management, a fee of 199 shall be applied should the customer want to pursue or retake the examination.

 

 

Cookie Policy

This website may use cookies. By using this website and agreeing to this policy, you consent to Merbury Ltd use of cookies in accordance with the terms of this policy.

Cookies are files sent by web servers to web browsers, and stored by the web browsers. The information is then sent back to the server each time the browser requests a page from the server. This enables a web server to identify and track web browsers.

There are two main kinds of cookies: session cookies and persistent cookies. Session cookies are deleted from your computer when you close your browser, whereas persistent cookies remain stored on your computer until deleted, or until they reach their expiry date.

Cookies on our website

Merbury Ltd uses the following cookies on this website, for the following purposes:

User session cookie

We may use a session cookie so that we can remember what is in your shopping basket and remember where you are in the order process.

Analytical/performance cookies

They allow us to recognise and count the number of visitors and to see how visitors move around our website when they are using it. This helps us to improve the way our website works, for example, by ensuring that users are finding what they are looking for easily.

Targeting cookies

These cookies record your visit to our website, the pages you have visited and the links you have followed. We will use this information to make our website and the advertising displayed on it more relevant to your interests. We may also share this information with third parties for this purpose.

Please note that third parties (including, for example, advertising networks and providers of external services like web traffic analysis services) may also use cookies, over which we have no control. These cookies are likely to be analytical/performance cookies or targeting cookies.

Refusing cookies

Most browsers allow you to refuse to accept cookies.

In Google Chrome. you can adjust the cookies settings by clicking the Menu > settings > Show advanced settings > In the "Privacy" section, click Content settings > Use the "Cookies" section to change your settings.

In Internet Explorer, you can refuse all cookies by clicking “Tools”, “Internet Options”, “Privacy”, and selecting “Block all cookies” using the sliding selector.

In Firefox, you can adjust your cookies settings by clicking “Tools”, “Options” and “Privacy”.

Blocking cookies will have a negative impact upon the usability of our website.

 

 

Website Terms and Conditions of use

Introduction

1.     These terms and conditions apply between you, the User of this Website (including any sub-domains, unless expressly excluded by their own terms and conditions), and Merbury Ltd, the owner and operator of this Website. Please read these terms and conditions carefully, as they affect your legal rights. Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the Website. If you do not agree to be bound by these terms and conditions, you should stop using the Website immediately.

 

2.     In these terms and conditions, User or Users means any third party that accesses the Website and is not either (i) employed by Merbury Ltd and acting in the course of their employment or (ii) engaged as a consultant or otherwise providing services to Merbury Ltd and accessing the Website in connection with the provision of such services.

 

 

3.     You must be at least 18 years of age to use this Website. By using the Website and agreeing to these terms and conditions, you represent and warrant that you are at least 18 years of age.

Intellectual property and acceptable use

4.     All Content included on the Website, unless uploaded by Users, is the property of Merbury Ltd, our affiliates or other relevant third parties. In these terms and conditions, Content means any text, graphics, images, audio, video, software, data compilations, page layout, underlying code and software and any other form of information capable of being stored in a computer that appears on or forms part of this Website, including any such content uploaded by Users. By continuing to use the Website you acknowledge that such Content is protected by copyright, trademarks, database rights and other intellectual property rights. Nothing on this site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on the site without the owner's prior written permission

 

5.     You may, for your own personal, non-commercial use only, do the following:

 

a)     retrieve, display and view the Content on a computer screen

 

b)     print one copy of the Content

 

c)     You must not otherwise reproduce, modify, copy, distribute or use for commercial purposes any Content without the written permission of Merbury Ltd.

Prohibited use

6.     You may not use the Website for any of the following purposes:

 

a)     in any way which causes, or may cause, damage to the Website or interferes with any other person's use or enjoyment of the Website;

 

b)     in any way which is harmful, unlawful, illegal, abusive, harassing, threatening or otherwise objectionable or in breach of any applicable law, regulation, governmental order;

 

c)     making, transmitting or storing electronic copies of Content protected by copyright without the permission of the owner.

Links to other websites

7.     This Website may contain links to other sites. Unless expressly stated, these sites are not under the control of Merbury Ltd or that of our affiliates.

 

8.     We assume no responsibility for the content of such Websites and disclaim liability for any and all forms of loss or damage arising out of the use of them.

 

9.     The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.

Privacy Policy and Cookies Policy

10.  Use of the Website is also governed by our Privacy Policy and Cookies Policy, which are incorporated into these terms and conditions by this reference. To view the Privacy Policy and Cookies Policy, please click on the following: www.Merbury.com/privacy-policy/

Availability of the Website and disclaimers

11.  Any online facilities, tools, services or information that Merbury Ltd makes available through the Website (the Service) is provided "as is" and on an "as available" basis. We give no warranty that the Service will be free of defects and/or faults. To the maximum extent permitted by the law, we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality. Merbury Ltd is under no obligation to update information on the Website.

 

12.  Whilst Merbury Ltd uses reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, we give no warranty or guaranty in that regard and all Users take responsibility for their own security, that of their personal details and their computers.

 

13.  Merbury Ltd accepts no liability for any disruption or non-availability of the Website.

 

14.  Merbury Ltd reserves the right to alter, suspend or discontinue any part (or the whole of) the Website including, but not limited to, any products and/or services available. These terms and conditions shall continue to apply to any modified version of the Website unless it is expressly stated otherwise.

Limitation of liability

15.  Nothing in these terms and conditions will: (a) limit or exclude our or your liability for death or personal injury resulting from our or your negligence, as applicable; (b) limit or exclude our or your liability for fraud or fraudulent misrepresentation; or (c) limit or exclude any of our or your liabilities in any way that is not permitted under applicable law.

 

16.  To the extent that the Website and Content are provided free of charge, we will not be liable to you for any loss or damage of any kind.

 

 

17.  We will not be liable to you in respect of any losses arising out of events beyond our reasonable control.

 

18.  To the maximum extent permitted by law, Merbury Ltd accepts no liability for any of the following:

 

a)     any business losses, such as loss of profits, income, revenue, anticipated savings, business, contracts, goodwill or commercial opportunities;

 

b)     loss or corruption of any data, database or software;

 

c)     any special, indirect or consequential loss or damage.

General

19.  You may not transfer any of your rights under these terms and conditions to any other person. We may transfer our rights under these terms and conditions where we reasonably believe your rights will not be affected.

 

20.  These terms and conditions may be varied by us from time to time. Such revised terms will apply to the Website from the date of publication. Users should check the terms and conditions regularly to ensure familiarity with the then current version.

 

21.  These terms and conditions together with the Privacy Policy and Cookies Policy contain the whole agreement between the parties relating to its subject matter and supersede all prior discussions, arrangements or agreements that might have taken place in relation to the terms and conditions.

 

22.  The Contracts (Rights of Third Parties) Act 1999 shall not apply to these terms and conditions and no third party will have any right to enforce or rely on any provision of these terms and conditions.

 

23.  If any court or competent authority finds that any provision of these terms and conditions (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision will, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of these terms and conditions will not be affected.

 

24.  Unless otherwise agreed, no delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy.

 

 

25.  This Agreement shall be governed by and interpreted according to the law of England and Wales and all disputes arising under the Agreement (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the English and Welsh courts.

Merbury Limited details

Merbury Limited is a company incorporated in England and Wales with registered number 12021021 whose registered address is International House, 61 Mosley Street, Manchester, M2 3HZ and it operates the website www.merbury.com

You can contact Merbury Limited by email on [email protected]

 

 

In-house/Onsite Training Enquiry

We offer bespoke In-house/on-site training for your organisation’s data protection training needs. This can be at a venue of your choosing, and you are able to choose the number of employees that will attend. The course will establish or maintain data protection awareness within your organisation. Our course trainers and instructors have experience working within various different industries and sectors so will be able to engage with you in a way that suits your organisation needs.