Terms and Conditions.
These are the terms and conditions upon which A.P.T. Training & Consultancy Limited (“we”, “us” or “our”) provide our courses.
Please read these terms and conditions carefully before making your booking with us. These terms tell you who we are, how we will provide the Course to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms please contact us to discuss.
Please note we also may trade under the names ‘APT The Association for Psychological Therapies’ and/or ‘The Association for Psychological Therapies (APT)’ but these terms and conditions shall apply whichever name we use in our correspondence and discussions with you.
Because of the nature of our courses, they are normally attended by professionals in the mental health sector and these terms and conditions are those which apply to our professional customers. If you are a consumer different terms will apply. For these purposes a consumer is an individual acting for purposes which are wholly or mainly outside that individual’s trade, business, craft or profession.
1. These Conditions apply to all bookings for Courses by professional customers, whether made on our website, www.apt.ac, by telephone, email, through a third party or otherwise.
2. You agree to these Conditions on behalf of all Delegates included in your Booking. The person that makes the booking will ensure that all Delegates attending the Course read these Conditions carefully and confirm that he or she is authorized to agree to these Conditions on behalf of all such persons. The person that completes the Booking must be over the age of 18 years.
3. These Conditions apply to all Delegates.
4. The capitalized terms found in these Conditions have the meanings below (unless indicated elsewhere in these Conditions):
Booking: your request to book a place or places on a Course as set out in your booking form.
Booking Confirmation: our confirmation to you of the acceptance of your Booking.
Conditions: these terms and conditions as amended from time to time.
Contract: the contract between us and you for the provision of the Course in accordance with these Conditions.
Course: the course, including the Course Materials, which we will provide to you as set out in the Course Details.
Course Details: the description of the Course we provide to you as set out on our website or which we have otherwise provided to you including the intended content of the Course and the timings of the Course.
Course Materials: the materials relating to the Course which we may provide to you such as pre-reading, handouts and course notes.
Delegates: the person or persons attending the Course.
Intellectual Property Rights: patents, utility models, rights to inventions, copyright and neighboring and related rights, moral rights, trade marks and service marks, business names and domain names, rights in get-up and trade dress, goodwill and the right to sue for passing off or unfair competition, rights in designs, rights in computer software, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets), and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.
Licensed Courses: Courses which we agree you can tutor under license from us, either face-to-face or online live (via Zoom or Teams).
Onsite Courses: Courses which we provide face-to-face to you at your premises or at a location of your choice (we come to you). Or delivered online live (via Zoom or Teams).
Open Courses: Courses which we operate at a venue of our choosing or online live via Zoom, which are open to Delegates from other organizations (you come to us).
Online Anytime Courses: Courses which are provided online only and where no physical attendance is required by delegates.
5. The Contract
5.1. The Booking constitutes an offer by you to book a place or places on the Course in accordance with these Conditions.
5.2. The Booking shall only be deemed to be accepted when we issue a written Booking Confirmation, if there are any errors on the Booking Confirmation or you do not wish to proceed on the basis of its contents you must notify us in writing within 3 working days of receipt, failing which the Contract shall come into existence on the 4th working day after the Booking Confirmation has been issued and you will be required to pay the Course Fees as set out in that Booking Confirmation.
5.3. Any advertising which we have issued and any descriptions of the Course or the Course Material contained on our website or in our brochures are issued or published for the sole purpose of giving an approximate idea of the Course and the Course Materials described in them. They do not form part of the Contract or have any contractual force.
5.4. These Conditions apply to the Contract to the exclusion of any other terms which you may seek to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
6. Your right to make changes
6.1. If you wish to make a change to your Booking please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the Course Fee, timings or anything else which will result from that change and will ask you to confirm if you wish to go ahead with the change.
7. Our right to make changes.
7.1. We reserve the right to make minor amendments to the Course if necessary. A minor amendment is one which will not materially affect the nature or quality of the Course, such as to implement minor technical adjustments and improvements or to accommodate minor or temporary changes to dates or locations.
7.2. Where a more substantial change is required such as a requirement to increase the Course Fee or to correct a substantial error we will notify you in advance and you may then contact us to cancel the Contract and obtain a full refund provided you do so before the change takes effect.
8. Course Materials
8.1. Where Course Materials are supplied in conjunction with a Course, they are included in the fee quoted and will be provided either prior to or at the start of the Course.
8.2. Where the Course is an Online Anytime Course we may update the digital content and may make modifications and enhancements to it. Where this is done during the period under which the Online Anytime Course is available to you access to such changes shall be free of charge.
8.3. We reserve the right to amend the Course Materials at any time and we will notify you if this should be required.
9. Workbooks
9.1. Workbooks for live training will be posted out one week before the course start-date, providing your place on the course has been paid for and we have your postal address.
9.2. Where we receive payment or address details with less than a week’s notice we will post the workbook(s) as soon as possible and they may not arrive in time for the start of the course. If necessary you can obtain a PDF of the workbook as late as the start day of the course, at an extra cost of $15 each, payable in advance.
10. Supply of Course
10.1. We will deliver the Course to you in accordance with the Course Details in all material respects.
10.2. We will use reasonable care and skill in providing the Course.
10.3. From time to time a particular course may be superseded, for example as a result of changes to legislation or recognized best practice and we may offer a new and updated course. For the avoidance of any doubt the Course Fee does not include access to any such future revised courses, attendance at which would be subject to an additional charge.
11. Registration and Accreditation
11.1. Where a Delegate completes a Course to our satisfaction (which shall be exercised reasonably) we shall register their completion of the Course and issue them with a 3 year accreditation for the Course which they have undertaken.
12.2. During this 3 year accreditation the Delegate shall be entitled to access any relevant downloadable resources from our website, www.apt.ac. The Delegate shall be provided with a username and password to facilitate such access upon receiving their accreditation.
11.3. Upon the expiry of 3 years from the date on which a Delegate completed the Course and received their accreditation, such accreditation shall lapse and the Delegate shall be required to attend a further Course if they wish to become re-accredited. For the avoidance of any doubt once a Delegate’s accreditation has lapsed their access to the relevant resources on www.apt.ac shall be removed.
11.4. If a Delegate is absent for more than 1/3rd of the Course they shall not be registered as having attended and will not receive an accreditation. No refund shall be given for any Delegate who does not receive an accreditation due to lack of attendance.
11.5. Where the Course is a Licensed Course, we reserve the right not to register or accredit any Delegate if, in our sole discretion, we determine that the Course is not being conducted in accordance with our instructions, guidance and timings. For the avoidance of any doubt, it is not permissible to reduce or truncate in any way the duration of any Licensed Course.
12. Your obligations
12.1. You must: (a) ensure that the terms of the Booking are complete and accurate; (b) co-operate with us in all matters relating to the provision of the Course; (c) where the Course is an Onsite Course (delivered face-to-face): (i) provide us and our tutors, with access to your premises or the intended Course venue and such other facilities as we may reasonably require to effectively conduct the Course; and (ii) ensure that the venue for the Course is suitable and assist us in making practical arrangements for the Course including (where necessary) conducting a risk assessment. (d) where the Course is a Licensed Course: (i) comply at all times with the terms of the license granted to you in the Booking Confirmation; (ii) ensure that the Course is conducted by a suitably qualified, knowledgeable and professional individual who we have licensed to conduct our courses on our behalf; (iii) make it clear that the Course is our course which you are conducting under license and that you have no rights in or to that Course or the Course Materials other than those which are specifically granted to you in the Booking Confirmation; (iv) ensure that all Delegates are aware of the restrictions on their use of the Course Materials (e) comply with all applicable laws, including health and safety laws; (f) during the Course comply with our or our tutors reasonable instructions including those in relation to health and fire safety.
12.2. If we cannot provide the Course to you as a result of any act, omission or failure on your part: (a) we shall not be liable for any costs or losses you suffer or incur as a result; (b) you shall reimburse to us for any costs or losses which we suffer or incur as a result.
12.3. If the Course is an Onsite Course (delivered face-to-face), you should note that whilst we will always try and work with you to ensure that the venue for the Course is appropriate, where we consider the venue which you have selected to be inappropriate we reserve the right to cancel the Course and terminate our contract with you, in which case we shall not be liable for any costs or losses you suffer as a result.
13. Acceptable Conduct
13.1. It is agreed and acknowledged that intimidating, abusive or oppressive conduct by any Delegate is totally unacceptable. Where any Delegate exhibits behavior which APT considers in its sole discretion to be intimidating, oppressive or abusive (whether towards another Delegate, the tutor or any third party) APT may in its sole discretion exclude that Delegate from the remainder of the Course or, if it deems it necessary, cancel the remainder of the Course in its entirety.
13.2. Where any Delegate is excluded from any part of any Course pursuant to clause 12.1 that Delegate shall not be registered as having attended the Course and shall not be accredited. No refund shall be issued for any part of the Charges as a result of the exclusion of the Delegate in question or the cancellation of the remainder of the Course pursuant to clause 12.1.
13.3. Nothing in this clause 12 shall in anyway restrict any other remedies or causes of action which APT or an individual on the receiving end of any such intimidating, oppressive or abusive behavior may have including (but not limited to) making a criminal complaint in respect of the conduct in question.
14. Charges and payment
14.1. The charge for the Course is as set out in the Booking Confirmation (“the Course Fee”).
14.2. Where the Course is an Onsite Course, delivered face-to-face and conducted outside of the United Kingdom we shall be entitled to charge you for any travelling expenses reasonably incurred by the tutor conducting the Course.
14.3. Once the Booking Confirmation is issued we will provide you with an invoice for the Course Fee.
14.4. All invoices should be paid within 30 days of the date of the invoice or in accordance with any terms which we have agreed in writing with you in advance without any set off, counterclaim, deduction or withholding (save in relation to deductions or withholdings of tax required by law).
14.5. If you fail to make any payment by the due date, then, without limiting our other remedies interest will be chargeable on the overdue sum from the due date until payment. Interest will accrue each day at 4% a year above the Bank of England's base rate from time to time, but at 4% a year for any period when that base rate is below 0%.
14.6. If the Course Fee is not paid at least 7 days prior to the date on which the Course is scheduled to take place we reserve the right to cancel the Delegate(s) place(s) and this shall be seen as a failure on your part under clause 10.2.
15. Intellectual property rights
15.1. All Intellectual Property Rights in or arising out of or in connection with the Course and the Course Materials are owned by us (including for the avoidance of any doubt all copyright in the Course Materials).
15.2. Where the Course is an Onsite Course, an Open Course or an Online Anytime Course, you agree that you and each Delegate will only use the Course Materials for the purpose of the Course and your personal implementation of the learning from the Course. Neither you nor any Delegate may copy, make available, transmit, reproduce, sell, license, distribute, publish, broadcast or reproduce any Course Materials.
15.3. Where the Course is a Licensed Course, you agree that you will only use the Course Materials for the purpose of the Course. For the duration of the Contract and strictly for the purpose of administering the Licensed Course.
15.4. In addition, where the Course is a Licensed Course each Delegate may only use the Course Materials for the purpose of the Course and their personal implementation of the learning from the Course. They must not copy, make available, transmit, reproduce, sell, license, distribute, publish, broadcast or reproduce any Course Materials.
15.5. You are responsible for ensuring that each and every Delegate included in your Booking (for Onsite Courses, Open Courses or Online Anytime Courses) or attending the Course (for Licensed Courses) is aware of our ownership of the Intellectual Property Rights in or arising out of or in connection with the Course and the Course Materials and of the restrictions on the use of the Course Materials as set out in this clause and you hereby agree to indemnify us against all liabilities, costs, expenses, losses and damages which we suffer or incur as a result of you and/or any Delegate using the Course Materials in a manner which is inconsistent with these Conditions.
16. Data protection
16.1. Both parties will comply with all applicable requirements of all applicable data protection and privacy legislation in force from time to time in the UK including but not limited to the General Data Protection Regulation ((EU) 2016/679) and the Data Protection Act 2018. This is in addition to, and does not relieve, remove or replace, a party's obligations or rights under that legislation.
16.2. We will handle your, and the Delegates personal data, in accordance with our privacy policy a copy of which can be found at www.apt.ac as amended and updated from time to time.
17. Limitation of liability: YOUR ATTENTION IS PARTICULARLY DRAWN TO THIS CLAUSE.
17.1. The restrictions on liability in this clause apply to every liability arising under or in connection with the Contract including liability in contract, tort (including negligence), misrepresentation, restitution or otherwise.
17.2. Nothing in the Contract limits any liability which cannot legally be limited, including liability for: (a) death or personal injury caused by negligence; (b) fraud or fraudulent misrepresentation; and (c) breach of the terms implied by section 12 of the Sale of Materials Act 1979 or section 2 of the Supply of Materials and Services Act 1982 (title and quiet possession).
17.3. Our total liability to you shall not exceed the Course Fee.
18. Cancellation
18.1. We may cancel the Course at any time and, where such cancellation is other than as a result of any act, omission or failure on your part, will reimburse you for all sums which you have paid to us for the Course.
18.2. Subject to clause 18 below, if you wish to cancel any Delegate’s place on an Open Course or an Online Anytime Course, or where the Course is an Onsite Course or a Licensed Course and you wish to cancel the Course or terminate the Contract, you must give us written notice and we shall be entitled to make the following charges: (a) If cancelled at least 28 days prior to the date of the Course as set out in the Course Details – No Charge; (b) If least 7 days prior the date of the Couse as set out in the Course Details – 50% of the Course Fee; (c) If cancelled within 7 days of the date of the Course as set out in the Course Details – 100% of the Course Fee.
18.3. Similar arrangements apply, and for the same reason, if you re-arrange the dates of an Onsite course or an Exclusive course, or withdraw from an Open course to attend at a later date. You must give us written notice and we shall be entitled to make the following charges: (a) If re-arranged at least 28 days prior to the date of the Course as set out in the Course Details – No Charge; (b) If least 7 days prior the date of the Couse as set out in the Course Details – 50% of the Course Fee; (c) If re-arranged within 7 days of the date of the Course as set out in the Course Details – 100% of the Course Fee.
19. What happens on cancellation?
19.1. If you cancel the Course before it commences you shall immediately return to us all Course Materials. Where a Delegate’s place is cancelled but the Course is to continue you shall return to us that Delegate’s Course Materials. Should you fail to return any such Course Materials you shall be liable for 100% of the Course Fee irrespective of when the Course (or the Delegate’s place on the course) was cancelled.
19.2. Cancellation or completion of the Course shall not affect any rights, remedies, obligations and liabilities accrued up to the date of cancellation (or completion of the Course), including the right to claim damages in respect of any breach of the Contract which existed prior to that date.
19.3. Any provision of the Contract that expressly or by implication is intended to have effect after cancellation or expiry shall continue in full force and effect.
20. Events outside our control
If the provision of the Course or the Course Materials is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimize the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the Contract and receive a refund for any Course Fees already paid.
21. General
21.1. Notices. (a) Any notice given to a party under or in connection with the Contract shall be in writing and shall be delivered by pre-paid first-class post or other next working day delivery service at its registered office (if a company) or its principal place of business (in any other case); (b) Any notice to us may also be sent by email to office@apt.ac; (c) Any notice shall be deemed to have been received on the second business day after posting or transmission. (d) This clause does not apply to the service of any proceedings or other documents in any legal action or, where applicable, any arbitration or other method of dispute resolution.
21.2. If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
21.3. Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
21.4. No partnership or agency. Nothing in the Contract is intended to, or shall be deemed to, establish any partnership or joint venture between the parties, constitute either party the agent of the other, or authorize either party to make or enter into any commitments for or on behalf of the other party.
21.5. Entire agreement. (a) The Contract constitutes the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter. (b) Each party acknowledges that in entering into the Contract it does not rely on, and shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in the Contract. Each party agrees that it shall have no claim for innocent or negligent misrepresentation based on any statement in the Contract.
21.6. Third parties rights. Unless it expressly states otherwise, the Contract does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Contract.
21.7. Variation. Except as set out in these Conditions, no variation of the Contract shall be effective unless it is agreed in writing and signed by the parties (or their authorized representatives).
21.8. Governing law. The Contract and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the law of England and Wales.
21.9. Jurisdiction. Each party agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with the Contract or its subject matter or formation.
Onsite Courses.
The majority of our mental health training courses are provided this way - we come to you and train a group of up to 15 people for an all-inclusive fee.
Online Courses.
Obtain APT-quality input at a time that is convenient to you and minimizes the need for 'cover' normally associated with training.
