Business to Consumer Terms and Conditions

For the sale of services to consumers

Please read all these Terms and Conditions.

As we can accept your order and make a legally enforceable agreement without further reference to you, you must read these Terms and Conditions to make sure that they contain all that you want and nothing that you are not happy with. If you are not sure about anything, just phone us on +44 7849 215547.

Application

1. These Terms and Conditions will apply to the purchase of the services and goods by you (the Customer or you).

2.  We are Project CPR Limited a company registered in England and Wales under number 14779879 whose registered office is at 3 Middlefield ,  West Wittering,  PO208AP  with email address team@projectcpr.life; telephone number (+44 7849 215547) (the Supplier or us or we).

3. These are the terms on which we sell all Services to you. By ordering any of the Services, you agree to be bound by these Terms and Conditions.

Interpretation

4. Consumer means an individual acting for purposes which are wholly or mainly outside their trade, business, craft or profession;

5. Contract means the legally-binding agreement between you and us for the supply of the Services;

6. Delivery Location means the Supplier's premises or other location where the Services are to be supplied, as set out in the Order;

7. Goods means any goods that we supply to you with the Services, of the number and description as set out in the Order;

8. Order means the Customer's order for the Services from the Supplier as set out   overleaf;

9. Services means the services, including any Goods, of the number and description set out in the Order.

Services

10. The description of the Services and any Goods is as set out in our website, catalogues, brochures or other form of advertisement. Any description is for illustrative purposes only and there may be small discrepancies in size or colour of any Goods supplied.

11. In the case of Services and any Goods made to your special requirements, it is your responsibility to ensure that any information or specification you provide is accurate.

12. All Services are subject to availability.

13. We can make changes to the Services which are necessary to comply with any applicable law or safety requirement. We will notify you of these changes.

Customer Responsibilities

14. You must co-operate with us in all matters relating to the Services, provide us and our authorised employees and representatives with access to any premises under your control as required, provide us with all information required to perform the Services and obtain any necessary licences and consents (unless otherwise agreed).

15. Failure to comply with the above is a Customer default which entitles us to suspend performance of the Services until you remedy it or if you fail to remedy it following our request, we can terminate the Contract with immediate effect on written notice to you.

Basis of Sale

16. The description of the Services and any Goods in our website, catalogues, brochures or other form of advertisement does not constitute a contractual offer to sell the Services or Goods.

17. When an Order has been made, we can reject it for any reason, although we will try to tell you the reason without delay.

18. A Contract will be formed for the Services ordered, only upon  the Supplier sending an email to the Customer saying that the Order has been accepted  or, if earlier, the Supplier's delivery of the Services to the Customer.

19. Any quotation or estimate of Fees (as defined below) is valid for a maximum period of 30 days from its date, unless we expressly withdraw it at an earlier time.

20. No variation of the Contract, whether about description of the Services, Fees or otherwise, can be made after it has been entered into unless the variation is agreed by the Customer and the Supplier in writing.

21. We intend that these Terms and Conditions apply only to a Contract entered into by you as a Consumer where we, the Supplier and you the Customer, enter the Contract at any of the Supplier's business premises, and where the Contract is not a contract (i) for which an offer was made by the Customer in the Supplier's and the Customer's simultaneous physical presence away from those premises, or (ii) made immediately after the Customer was personally and individually addressed in the Supplier's and the Customer's simultaneous physical presence away from those premises. If this is not the case, you must tell us, so that we can provide you with a different contract with terms which are more appropriate to you and which might, in some way, be better for you, eg by giving cancellation rights pursuant to consumer protection law. Business premises means immovable retail premises where we carry on business on a permanent basis or, in the case of movable retail premises, on a usual basis.

Fees and Payment

22. The fees (Fees) for the Services, the price of any Goods (if not included in the Fees) and any additional delivery or other charges is that set out in our price list current at the date of the Order or such other price as we may agree in writing. Prices for Services may be calculated on a fixed fee or on a standard rate basis.

23. Fees and charges include VAT at the rate applicable at the time of the Order.

24. Payment for Services must be made within 15 days of invoice. You must pay in cash or by submitting your credit or debit card details with your Order and we can take payment immediately or otherwise before delivery of the Services.

25. Some of our products require payment in full prior to delivery and the customer will not be entitled to a 15 day term for payment.

Delivery

26. We will deliver the Services, including any Goods, to the Delivery Location by the time or within the agreed period or, failing any agreement:

a.   in the case of Services, within a reasonable time; and

b.   in the case of Goods, without undue delay and, in any event, not more than 30 days after the day on which the Contract is entered into.

27. In any case, except in the case of events beyond our control, if we do not deliver the Services on time, you can request a review of your original fees however, we reserve the right, within reasonable circumstances to refuse changes to our original contract. 

28. In any case, regardless of events beyond our control, if we do not deliver the Goods on time, you can (in addition to any other remedies) treat the Contract at an end if:

a.   we have refused to deliver the Goods, or if delivery on time is essential taking into account all the relevant circumstances at the time the Contract was made, or you said to us before the Contract was made that delivery on time was essential; or

b.   after we have failed to deliver on time, you have specified a later period which is appropriate to the circumstances and we have not delivered within that period.

29. If you treat the Contract at an end, we will (in addition to other remedies) promptly return all payments made under the Contract.

30. If you were entitled to treat the Contract at an end, but do not do so, you are not prevented from cancelling the Order for any Goods or rejecting Goods that have been delivered and, if you do this, we will (in addition to other remedies) without delay return all payments made under the Contract for any such cancelled or rejected Goods. If the Goods have been delivered, you must return them to us or allow us to collect them from you. If any Services have been provided to you, you forfeit the right to request a refund as the contract will have been deemed complete.

31. If any Goods form a commercial unit (a unit is a commercial unit if division of the unit would materially impair the value of the goods or the character of the unit) you cannot cancel or reject the Order for some of those Goods without also cancelling or rejecting the Order for the rest of them.

32. We do not generally deliver to addresses outside England and Wales, Scotland, Northern Ireland, the Isle of Man and the Channels Islands. If, however, we accept an Order for delivery outside that area, you may need to pay import duties or other taxes, as we will not pay them.

33. You agree we may deliver the Goods in instalments if we suffer a shortage of stock or other genuine and fair reason, subject to the above provisions and provided you are not liable for extra charges.

34. If you or your nominee fail, through no fault of ours, to take delivery of the Services at the Delivery Location, we may charge the reasonable costs of storing and redelivering them.

35. The Goods will become your responsibility from the completion of delivery or Customer collection. You must, if reasonably practicable, examine the Goods before accepting them.

Risk and Title

36. Risk of damage to, or loss of, any Goods will pass to you when the Goods are delivered to you.

37. You do not own the Goods until we have received payment in full. If full payment is overdue or a step occurs towards your bankruptcy, we can choose, by notice to cancel any delivery and end any right to use the Goods still owned by you, in which case you must return them or allow us to collect them.

Withdrawal and Cancellation

38. You can withdraw the Order by telling us before the Contract is made, if you simply wish to change your mind and without giving us a reason, and without incurring any liability.

39. You can cancel the Contract except for any Goods which are made to your special requirements by telling us no later than 14 calendar days from the day the Contract was entered into. If you simply wish to change your mind and without giving us a reason, and without liability, except in that case, you must return to any of our business premises the Goods in undamaged condition at your own expense. Then we must without delay refund to you the price for those Goods and Services which have been paid for in advance, but we can retain any separate delivery charge. This does not affect your rights when the reason for the cancellation is any defective Goods or Services.

Conformity

40. We have a legal duty to supply the Goods in conformity with the Contract, and will not have conformed if it does not meet the following obligation.

41. Upon delivery, the Goods will:

a.   be of satisfactory quality;

b.   be reasonably fit for any particular purpose for which you buy the Goods which, before the Contract is made, you made known to us (unless you do not actually rely, or it is unreasonable for you to rely, on our skill and judgment) and be fit for any purpose held out by us or set out in the Contract; and

c.   conform to their description.

42. It is not a failure to conform if the failure has its origin in your materials.

43. We will supply the Services with reasonable skill and care.

44. We will provide the following after-sales services:

a.   any add on purchases or supplementary training as requested and agreed by both parties..

45. In relation to the Services, anything we say or write to you, or anything someone else says or writes to you on our behalf, about us or about the Services, is a term of the Contract (which we must comply with) if you take it into account when deciding to enter this Contract, or when making any decision about the Services after entering into this Contract. Anything you take into account is subject to anything that qualified it and was said or written to you by us or on behalf of us on the same occasion, and any change to it that has been expressly agreed between us (before entering this Contract or later).

Duration, Termination and Suspension

46. The Contract continues as long as it takes us to perform the Services.

47. Either you or we may terminate the Contract or suspend the Services at any time by a written notice of termination or suspension to the other if that other:

a.   commits a serious breach, or series of breaches resulting in a serious breach, of the Contract and the breach either cannot be fixed or is not fixed within 30 days of the written notice; or

b.   is subject to any step towards its bankruptcy or liquidation.

48. On termination of the Contract for any reason, any of our respective remaining rights and liabilities will not be affected.

Privacy

49. Your privacy is critical to us. We respect your privacy and comply with the General Data Protection Regulation with regard to your personal information.

50. These Terms and Conditions should be read alongside, and are in addition to our policies, including our Privacy Policy and Cookies Policy which can be found on our website.

51. For the purposes of these Terms and Conditions:

a.   'Data Protection Laws' means any applicable law relating to the processing of Personal Data, including, but not limited to the GDPR.

b.   'GDPR' means the UK General Data Protection Regulation.

c.   'Data Controller', 'Personal Data' and 'Processing' shall have the same meaning as in the GDPR.

52. We are a Data Controller of the Personal Data we Process in providing the Services and Goods to you.

53. Where you supply Personal Data to us so we can provide Services and Goods to you, and we Process that Personal Data in the course of providing the Services and Goods to you, we will comply with our obligations imposed by the Data Protection Laws:

a.   before or at the time of collecting Personal Data, we will identify the purposes for which information is being collected;

b.   we will only Process Personal Data for the purposes identified;

c.   we will respect your rights in relation to your Personal Data; and

d.   we will implement technical and organisational measures to ensure your Personal Data is secure.

54. For any enquiries or complaints regarding data privacy, you can e-mail: team@projectcpr.life.

Successors and Our Sub-contractors

55. Either party can transfer the benefit of this Contract to someone else, and will remain liable to the other for its obligations under the Contract. The Supplier will be liable for the acts of any sub-contractors who it chooses to help perform its duties.

Circumstances Beyond the Control of Either Party

56. In the event of any failure by a party because of something beyond its reasonable control:

a.   the party will advise the other party as soon as reasonably practicable; and

b.   the party's obligations will be suspended so far as is reasonable, provided that that party will act reasonably, and the party will not be liable for any failure which it could not reasonably avoid, but this will not affect the Customer's above rights relating to delivery and the right to cancel.

Excluding Liability

57. We do not exclude liability for: (i) any fraudulent act or omission; or (ii) death or personal injury caused by negligence or breach of the Supplier's other legal obligations. Subject to this, we are not liable for (i) loss which was not reasonably foreseeable to both parties at the time when the Contract was made, or (ii) loss (eg loss of profit) to your business, trade, craft or profession which would not be suffered by a Consumer - because we believe you are not buying the Services and Goods wholly or mainly for your business, trade, craft or profession.

Governing Law, Jurisdiction and Complaints

58. The Contract (including any non-contractual matters) is governed by the law of England and Wales.

59. Disputes can be submitted to the jurisdiction of the courts of England and Wales or, where the Customer lives in Scotland or Northern Ireland, in the courts of Scotland or Northern Ireland respectively.

60. We try to avoid any dispute, so we deal with complaints as follows: If a dispute occurs customers should contact us to find a solution. We will aim to respond with an appropriate solution within 1 month. If we are unable to respond or resolve your query within 1 month you will be notified in writing of the delay and an additional timeline will be suggested. 


For the sale of goods to consumers

Please read all these Terms and Conditions.

As we can accept your order and make a legally enforceable agreement without further reference to you, you must read these Terms and Conditions to make sure that they contain all that you want and nothing that you are not happy with. If you are not sure about anything, just phone us on +44 7849 215547.

Application

1. These Terms and Conditions will apply to the purchase of the goods by you (the Customer or you).  We are Project CPR Limited a company registered in England and Wales under number 14779879 whose registered office is at 3 Middlefield,  West Wittering,  PO208AP  with email address team@projectcpr.life; telephone number +44 7849 215547 (the Supplier or us or we).

2. These are the Terms on which we sell all Goods to you. By ordering any of the Goods, you agree to be bound by these Terms and Conditions.

Interpretation

3. Consumer means an individual acting for purposes which are wholly or mainly outside their trade, business, craft or profession;

4. Contract means the legally-binding agreement between you and us for the sale and purchase of the Goods;

5. Delivery Location means the Supplier's premises or other location where the Goods are to be supplied, as set out in the Order;

6. Goods means any goods that we supply to you, of the number and description as set out in the Order;

7. Order means the Customer's order for the Goods from the Supplier as set out  in the Customer's order or in the Customer's written acceptance of the Supplier's quotation.  

Goods

8. The description of the Goods is as set out in our website, catalogues, brochures or other form of advertisement. Any description is for illustrative purposes only and there may be small discrepancies in colour or size.

9. In the case of Goods made to your special requirements, it is your responsibility to ensure that any information you provide is accurate.

Basis of Sale

10. The description of the Goods in our website, catalogues, brochures or other form of advertisement does not constitute a contractual offer to sell the Goods.

11. When an Order has been made, we can reject it for any reason, although we will try to tell you the reason without delay.

12. A Contract will be formed for the Goods ordered, only upon  the Supplier sending an email to the Customer saying that the Order has been accepted  or if earlier, the Supplier's delivery of the Goods to the Customer.

13. Any quotation is valid for a maximum period of  30  days  from its date, unless we expressly withdraw it at an earlier time.

14. No variation of the Contract, whether about description of the Goods, price or otherwise, can be made after it has been entered into unless the variation is agreed by the Customer and the Supplier in writing.

15. We intend that these Terms and Conditions apply only to a Contract entered into by you as a Consumer where we, the Supplier and you the Customer, enter the Contract at any of the Supplier's business premises, and where the Contract is not a contract (i) for which an offer was made by the Customer in the Supplier's and the Customer's simultaneous physical presence away from those premises, or (ii) made immediately after the Customer was personally and individually addressed in the Supplier's and the Customer's simultaneous physical presence away from those premises. If this is not the case, you must tell us, so that we can provide you with a different contract with terms which are more appropriate to you and which might, in some way, be better for you, eg by giving cancellation rights pursuant to consumer protection law. Business premises means immovable retail premises where we carry on business on a permanent basis or, in the case of movable retail premises, on a usual basis.

Price and Payment

16. The price of the Goods and any additional delivery or other charges for the Goods, and the total price of them and the charges, is that set out in our price list current at the date we accepted the Order or such other price as we may agree in writing.

17. Prices and charges include VAT at the rate applicable at the time of the Order.

18. Payment for Goods must be made  at least  1 day  in advance of delivery, or in the case of face-to-face sales of stock, prior to leaving the premisis with the goods. You must pay in cash or by submitting your credit or debit card details with your Order and we can take payment immediately or otherwise before delivery of the Goods.

Delivery

19. We will deliver the Goods to the Delivery Location by the time or within the period agreed, or failing any agreement, without undue delay and, in any event, not more than 30 days after the day on which the Contract is entered into.

20. In any case, regardless of events beyond our control, if we do not deliver the Goods on time, you can (in addition to any other remedies) treat the Contract at an end if:

a.   we have refused to deliver the Goods, or if delivery on time is essential taking into account all the relevant circumstances at the time the Contract was made, or if you told us before the Contract was made that delivery on time was essential; or

b.   after we have failed to deliver on time, you have specified a later period which is appropriate to the circumstances and we have not delivered within that period.

21. If you treat the Contract at an end, we will (in addition to other remedies) promptly return all payments made under the Contract.

22. If you were entitled to treat the Contract at an end, but do not do so, you are not prevented from cancelling the Order for any Goods or rejecting Goods that have been delivered and, if you do this, we will (in addition to other remedies) without delay return all payments made under the Contract for any such cancelled or rejected Goods. If the Goods have been delivered, you must return them or allow us to collect them from you.

23. If any Goods form a commercial unit (a unit is a commercial unit if division of the unit would materially impair the value of the goods or the character of the unit) you cannot cancel or reject the Order for some of those Goods without also cancelling or rejecting the Order for the rest of them.

24. We do not generally deliver to addresses outside England and Wales, Scotland, Northern Ireland, the Isle of Man and the Channels Islands. If, however, we accept an Order for delivery outside that area, you may need to pay import duties or other taxes, as we will not pay them.

25. You agree we may deliver the Goods in instalments if we suffer a shortage of stock or other genuine and fair reason, subject to the above provisions and provided you are not liable for extra charges.

26. If you or your nominee fail, through no fault of ours, to take delivery of the Goods at the Delivery Location, we may charge the reasonable costs of storing and redelivering them.

27. The Goods will become your responsibility from the completion of delivery or Customer collection. You must, if reasonably practicable, examine the Goods before accepting them.

Risk and Title

28. Risk of damage to, or loss of, the Goods will pass to you when the Goods are delivered to you.

29. You do not own the Goods until we have received payment in full. If full payment is overdue or a step occurs towards your bankruptcy, we can choose, by notice to cancel any delivery and end any right to use the Goods still owned by you, in which case you must return them or allow us to collect them.

Withdrawal and Cancellation

30. You can withdraw the Order by telling us before the Contract is made, if you simply wish to change your mind and without giving us a reason, and without incurring any liability.

31. You can cancel the Contract except for any Goods which are made to your special requirements by telling us no later than  14  days  after the Contract was made, if you simply wish to change your mind and without giving us a reason, and without liability, except in that case, you must return to any of our business premises the Goods in undamaged condition at your expense. Then we will without delay refund to you the price for those Goods, but we can retain any separate delivery charge. This does not affect your rights when the reason for the cancellation is any defective Goods.

Conformity and Guarantee 

32. We have a legal duty to supply the Goods in conformity with the Contract, and will not have conformed if it does not meet the following obligation.

33. Upon delivery, the Goods will:

a.   be of satisfactory quality

b.   be reasonably fit for any particular purpose for which you buy the Goods which, before the Contract is made, you made known to us (unless you do not actually rely, or it is unreasonable for you to rely, on our skill and judgment) and be fit for any purpose held out by us or set out in the Contract; and

c.   conform to their description.

34. It is not a failure to conform if the failure has its origin in your materials.

35. We will immediately, or within a reasonable time, give you the benefit of the free guarantee given by the manufacturer of the Goods. Details of the guarantee, including the name and address of the manufacturer, and the duration and territorial scope of the guarantee, are set out in the manufacturer's guarantee provided with the Goods. This guarantee will take effect at the time the Goods are delivered, and will not reduce your legal rights.

36. We will provide the following after-sales service: 

a.   For purchases of defibrillators, defibrillator consumables and cabinets the supplier will support the customer in installing and activating their new equipment.

b.   For purchases of Life Vac Anti-Choking Devices the supplier will support the customer by supplying a training video beyond that which comes with the device.

c.   For all purchases the supplier will support the customer by answering questions asked within a reasonable limit regarding the product that was purchased and it's use.

Circumstances Beyond the Control of Either Party

37. In the event of any failure by a party because of something beyond its reasonable control:

a.   the party will advise the other party as soon as reasonably practicable; and

b.   the party's obligations will be suspended so far as is reasonable, provided that that party will act reasonably, and the party will not be liable for any failure which it could not reasonably avoid, but this will not affect the Customer's above rights relating to delivery and the right to cancel below.

Privacy

38. Your privacy is critical to us. We respect your privacy and comply with the General Data Protection Regulation with regard to your personal information.

39. These Terms and Conditions should be read alongside, and are in addition to our policies, including our Privacy Policy and Cookies Policy which can be found on our website.

40. For the purposes of these Terms and Conditions:

a.   'Data Protection Laws' means any applicable law relating to the processing of Personal Data, including, but not limited to the GDPR.

b.   'GDPR' means the UK General Data Protection Regulation.

c.   'Data Controller', 'Personal Data' and 'Processing' shall have the same meaning as in the GDPR.

41. We are a Data Controller of the Personal Data we Process in providing the Goods to you.

42. Where you supply Personal Data to us so we can provide Goods to you, and we Process that Personal Data in the course of providing the Goods to you, we will comply with our obligations imposed by the Data Protection Laws:

a.   before or at the time of collecting Personal Data, we will identify the purposes for which information is being collected;

b.   we will only Process Personal Data for the purposes identified;

c.   we will respect your rights in relation to your Personal Data; and

d.   we will implement technical and organisational measures to ensure your Personal Data is secure.

43. For any enquiries or complaints regarding data privacy, you can email: team@projectcpr.life.

Excluding Liability

44. The Supplier does not exclude liability for: (i) any fraudulent act or omission; or (ii) for death or personal injury caused by negligence or breach of the Supplier's other legal obligations. Subject to this, the Supplier is not liable for(i) loss which was not reasonably foreseeable to both parties at the time when the Contract was made, or (ii) loss (eg loss of profit) to the Customer's business, trade, craft or profession which would not be suffered by a Consumer because the Supplier believes the Customer is not buying the Goods wholly or mainly for its business, trade, craft or profession).

Governing Law, Jurisdiction and Complaints

45. The Contract (including any non-contractual matters) is governed by the law of England and Wales.

46. Disputes can be submitted to the jurisdiction of the courts of England and Wales or, where the Customer lives in Scotland or Northern Ireland, in the courts of respectively Scotland or Northern Ireland.

47. We try to avoid any dispute, so we deal with complaints as follows: If a dispute occurs customers should contact us to find a solution. We will aim to respond with an appropriate solution within 1 month. If we are unable to respond or resolve your query within 1 month you will be notified in writing of the delay and an additional timeline will be suggested.

48. We aim to follow these codes of conduct, copies of which you can obtain as follows:  Project CPR Instructors Code of Conduct available from www.projectcpr.life 
  


For the sale of goods to consumers via a website

Please read all these Terms and Conditions.

As we can accept your order and make a legally enforceable agreement without further reference to you, you must read these Terms and Conditions to make sure that they contain all that you want and nothing that you are not happy with.  If you are not sure about anything, just phone us on  +44 7849 215547.  

Application

1. These Terms and Conditions will apply to the purchase of the goods by you (the Customer or you). We are Project CPR Limited whose trading name is Project CPR a company registered in England and Wales under number 14779879 whose registered office is at 3 Middlefield,  West Wittering,  PO208AP   with  email address team@projectcpr.life;   telephone number +44 7849 215547; (the Supplier or us or we).

2. These are the terms on which we sell all Goods to you. By ordering any of the Goods, you agree to be bound by these Terms and Conditions.  By ordering any of the Services, you agree to be bound by these Terms and Conditions.  You can only purchase the Goods from the Website if you are eligible to enter into a contract and are at least 18 years old.

Interpretation

3. Consumer means an individual acting for purposes which are wholly or mainly outside their trade, business, craft or profession;

4. Contract means the legally-binding agreement between you and us for the supply of the Goods;

5. Delivery Location means the Supplier's premises or other location where the Goods are to be supplied, as set out in the Order;

6. Durable Medium means paper or email, or any other medium that allows information to be addressed personally to the recipient, enables the recipient to store the information in a way accessible for future reference for a period that is long enough for the purposes of the information, and allows the unchanged reproduction of the information stored;

7. Goods means the goods advertised on the Website that we supply to you of the number and description as set out in the Order;

8. Order means the Customer's order for the Goods from the Supplier as submitted following the step by step process set out on the Website;

9. Privacy Policy means the terms which set out how we will deal with confidential and personal information received from you via the Website;

10. Website means our website www.projectcpr.life on which the Goods are advertised.

Goods

11. The description of the Goods is as set out in the Website, catalogues, brochures or other form of advertisement. Any description is for illustrative purposes only and there may be small discrepancies in the size and colour of the Goods supplied.

12. In the case of any Goods made to your special requirements, it is your responsibility to ensure that any information or specification you provide is accurate.

13. All Goods which appear on the Website are subject to availability.

14. We can make changes to the Goods which are necessary to comply with any applicable law or safety requirement. We will notify you of these changes.

Personal Information

15. We retain and use all information strictly under the Privacy Policy.

16. We may contact you by using e-mail or other electronic communication methods and by pre-paid post and you expressly agree to this.

Basis of Sale

17. The description of the Goods in our website does not constitute a contractual offer to sell the Goods. When an Order has been submitted on the Website, we can reject it for any reason, although we will try to tell you the reason without delay.

18. The Order process is set out on the Website. Each step allows you to check and amend any errors before submitting the Order. It is your responsibility to check that you have used the ordering process correctly.

19. A Contract will be formed for the sale of Goods ordered only when you receive an email from us confirming the Order (Order Confirmation). You must ensure that the Order Confirmation is complete and accurate and inform us immediately of any errors. We are not responsible for any inaccuracies in the Order placed by you. By placing an Order you agree to us giving you confirmation of the Contract by means of an email with all information in it (ie the Order Confirmation). You will receive the Order Confirmation within a reasonable time after making the Contract, but in any event not later than the delivery of any Goods supplied under the Contract.

20. Any quotation is valid for a maximum period of  30  days  from its date, unless we expressly withdraw it at an earlier time.

21. No variation of the Contract, whether about description of the Goods, Fees or otherwise, can be made after it has been entered into unless the variation is agreed by the Customer and the Supplier in writing.

22. We intend that these Terms and Conditions apply only to a Contract entered into by you as a Consumer. If this is not the case, you must tell us, so that we can provide you with a different contract with terms which are more appropriate for you and which might, in some respects, be better for you, eg by giving you rights as a business.

Price and Payment

23. The price of the Goods and any additional delivery or other charges is that set out on the Website at the date of the Order or such other price as we may agree in writing.

24. Prices and charges include VAT at the rate applicable at the time of the Order.

25. You must pay by submitting your credit or debit card details with your Order and we can take payment immediately or otherwise before delivery of the Goods.

Delivery

26. We will deliver the Goods, to the Delivery Location by the time or within the agreed period or, failing any agreement, without undue delay and, in any event, not more than 30 days after the day on which the Contract is entered into.

27. In any case, regardless of events beyond our control, if we do not deliver the Goods on time, you can (in addition to any other remedies) treat the Contract at an end if:

a.   we have refused to deliver the Goods, or if delivery on time is essential taking into account all the relevant circumstances at the time the Contract was made, or you said to us before the Contract was made that delivery on time was essential; or

b.   after we have failed to deliver on time, you have specified a later period which is appropriate to the circumstances and we have not delivered within that period.

28. If you treat the Contract at an end, we will (in addition to other remedies) promptly return all payments made under the Contract.

29. If you were entitled to treat the Contract at an end, but do not do so, you are not prevented from cancelling the Order for any Goods or rejecting Goods that have been delivered and, if you do this, we will (in addition to other remedies) without delay return all payments made under the Contract for any such cancelled or rejected Goods. If the Goods have been delivered, you must return them to us or allow us to collect them from you.

30. If any Goods form a commercial unit (a unit is a commercial unit if division of the unit would materially impair the value of the goods or the character of the unit) you cannot cancel or reject the Order for some of those Goods without also cancelling or rejecting the Order for the rest of them.

31. We do not generally deliver to addresses outside England and Wales, Scotland, Northern Ireland, the Isle of Man and the Channels Islands. If, however, we accept an Order for delivery outside that area, you may need to pay import duties or other taxes, as we will not pay them.

32. You agree we may deliver the Goods in instalments if we suffer a shortage of stock or other genuine and fair reason, subject to the above provisions and provided you are not liable for extra charges.

33. If you or your nominee fail, through no fault of ours, to take delivery of the Goods at the Delivery Location, we may charge the reasonable costs of storing and redelivering them.

34. The Goods will become your responsibility from the completion of delivery or Customer collection. You must, if reasonably practicable, examine the Goods before accepting them.

Risk and Title

35. Risk of damage to, or loss of, any Goods will pass to you when the Goods are delivered to you.

36. You do not own the Goods until we have received payment in full. If full payment is overdue or a step occurs towards your bankruptcy, we can choose, by notice to cancel any delivery and end any right to use the Goods still owned by you, in which case you must return them or allow us to collect them.

Withdrawal, Returns and Cancellation

37. You can withdraw the Order by telling us before the Contract is made, if you simply wish to change your mind and without giving us a reason, and without incurring any liability.

38. This is a distance contract (as defined below) which has the cancellation rights (Cancellation Rights) set out below. These Cancellation Rights, however, do not apply, to a contract for the following goods (with no others) in the following circumstances:

a.   goods that are made to your specifications or are clearly personalised;

b.   goods which are liable to deteriorate or expire rapidly.

39. Also, the Cancellation Rights for a Contract cease to be available in the following circumstances:

a.   in the case of a contract for the supply of sealed goods which are not suitable for return due to health protection or hygiene reasons, if they become unsealed after delivery; this provision applies to both defibrillators and accessories/consumables, first aid kits and Life Vac anti-choking devices.

b.   in the case of any sales contract, if the goods become mixed inseparably (according to their nature) with other items after delivery.

Right to Cancel

40. Subject as stated in these Terms and Conditions, you can cancel this contract within 14 days without giving any reason.

41. The cancellation period will expire after 14 days from the day on which you acquire, or a third party, other than the carrier indicated by you, acquires physical possession of the last of the Goods. In a contract for the supply of goods over time (ie subscriptions), the right to cancel will be 14 days after the first delivery.

42. To exercise the right to cancel, you must inform us of your decision to cancel this Contract by a clear statement setting out your decision (eg a letter sent by post or email). In any event, you must be able to show clear evidence of when the cancellation was made. Email time stamp or telephone message will define timeline for cancellation.

43. We will communicate to you an acknowledgement of receipt of such a cancellation in a Durable Medium (eg by email) without delay.

44. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.

Effects of Cancellation in the Cancellation Period

45. Except as set out below, if you cancel this Contract, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us).

Deduction for Goods Supplied

46. We may make a deduction from the reimbursement for loss in value of any Goods supplied, if the loss is the result of unnecessary handling by you (ie handling the Goods beyond what is necessary to establish the nature, characteristics and functioning of the Goods: eg it goes beyond the sort of handling that might be reasonably allowed in a shop). This is because you are liable for that loss and, if that deduction is not made, you must pay us the amount of that loss.

Timing of Reimbursement

47. If we have not offered to collect the Goods, we will make the reimbursement without undue delay, and not later than:

a.   14 days after the day we receive back from you any Goods supplied, or

b.   (if earlier) 14 days after the day you provide evidence that you have sent back the Goods.

48. If we have offered to collect the Goods or if no Goods were supplied, we will make the reimbursement without undue delay, and not later than 30 days after the day on which we are informed about your decision to cancel this Contract.

49. We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.

Returning Goods

50. If you have received Goods in connection with the Contract which you have cancelled, you must send back the Goods or hand them over to us at        3 Middlefield,  West Wittering,  PO208AP     without delay and in any event not later than 14 days from the day on which you communicate to us your cancellation of this Contract. The deadline is met if you send back the Goods before the period of 14 days has expired. You agree that you will have to bear the cost of returning the Goods.

51. For the purposes of these Cancellation Rights, these words have the following meanings:

a.   distance contract means a contract concluded between a trader and a consumer under an organised distance sales or service-provision scheme without the simultaneous physical presence of the trader and the consumer, with the exclusive use of one or more means of distance communication up to and including the time at which the contract is concluded;

b.   sales contract means a contract under which a trader transfers or agrees to transfer the ownership of goods to a consumer and the consumer pays or agrees to pay the price, including any contract that has both goods and services as its object.

Conformity and Guarantee

52. We have a legal duty to supply the Goods in conformity with the Contract, and will not have conformed if it does not meet the following obligation.

53. Upon delivery, the Goods will:

a.   be of satisfactory quality;

b.   be reasonably fit for any particular purpose for which you buy the Goods which, before the Contract is made, you made known to us (unless you do not actually rely, or it is unreasonable for you to rely, on our skill and judgment) and be fit for any purpose held out by us or set out in the Contract; and

c.   conform to their description.

54. It is not a failure to conform if the failure has its origin in your materials.

55. We will immediately, or within a reasonable time, give you the benefit of the free guarantee given by the manufacturer of the Goods. Details of the guarantee, including the name and address of the manufacturer, the duration and territorial scope of the guarantee, are set out in the manufacturer's guarantee provided with the Goods. This guarantee will take effect at the time the Goods are delivered, and will not reduce your legal rights.

56. We will provide the following after-sales service: 

a.   For purchases of defibrillators, defibrillator consumables and cabinets the supplier will support the customer in installing and activating their new equipment.

b.   For purchases of Life Vac Anti-Choking Devices the supplier will support the customer by supplying a training video beyond that which comes with the device.

c.   For all purchases the supplier will support the customer by answering questions asked within a reasonable limit regarding the product that was purchased and it's use.

Successors and Our Sub-Contractors

57. Either party can transfer the benefit of this Contract to someone else, and will remain liable to the other for its obligations under the Contract. The Supplier will be liable for the acts of any sub-contractors who it chooses to help perform its duties.

Circumstances Beyond the Control of Either Party

58. In the event of any failure by a party because of something beyond its reasonable control:

a.   the party will advise the other party as soon as reasonably practicable; and

b.   the party's obligations will be suspended so far as is reasonable, provided that that party will act reasonably, and the party will not be liable for any failure which it could not reasonably avoid, but this will not affect the Customer's above rights relating to delivery and any right to cancel, below.

Privacy

59. Your privacy is critical to us. We respect your privacy and comply with the General Data Protection Regulation with regard to your personal information.

60. These Terms and Conditions should be read alongside, and are in addition to our policies, including our Privacy Policy (www.projectcpr.life/privacy-policy) and Cookies Policy (www.projectcpr.life/cookie-policy).

61. For the purposes of these Terms and Conditions:

a.   'Data Protection Laws' means any applicable law relating to the processing of Personal Data, including, but not limited to the GDPR.

b.   'GDPR' means the UK General Data Protection Regulation.

c.   'Data Controller', 'Personal Data' and 'Processing' shall have the same meaning as in the GDPR.

62. We are a Data Controller of the Personal Data we Process in providing Goods to you.

63. Where you supply Personal Data to us so we can provide Goods to you, and we Process that Personal Data in the course of providing the Goods to you, we will comply with our obligations imposed by the Data Protection Laws:

a.   before or at the time of collecting Personal Data, we will identify the purposes for which information is being collected;

b.   we will only Process Personal Data for the purposes identified;

c.   we will respect your rights in relation to your Personal Data; and

d.   we will implement technical and organisational measures to ensure your Personal Data is secure.

64. For any enquiries or complaints regarding data privacy, you can e-mail: team@projectcpr.life.

Excluding Liability

65. The Supplier does not exclude liability for: (i) any fraudulent act or omission; or (ii) for death or personal injury caused by negligence or breach of the Supplier's other legal obligations. Subject to this, the Supplier is not liable for (i) loss which was not reasonably foreseeable to both parties at the time when the Contract was made, or (ii) loss (eg loss of profit) to the Customer's business, trade, craft or profession which would not be suffered by a Consumer - because the Supplier believes the Customer is not buying the Goods wholly or mainly for its business, trade, craft or profession.

Governing Law, Jurisdiction and Complaints

66. The Contract (including any non-contractual matters) is governed by the law of England and Wales.

67. Disputes can be submitted to the jurisdiction of the courts of England and Wales or, where the Customer lives in Scotland or Northern Ireland, in the courts of respectively Scotland or Northern Ireland.

68. We try to avoid any dispute, so we deal with complaints as follows: If a dispute occurs customers should contact us to find a solution. We will aim to respond with an appropriate solution within 1 month. If we are unable to respond or resolve your query within 1 month you will be notified in writing of the delay and an additional timeline will be suggested. ​​​​​​​

69. We aim to follow these codes of conduct, copies of which you can obtain as follows: 
   Project CPR Instructors Code of Conduct available from www.projectcpr.life 
  

Attribution

70. These Terms and Conditions were created using a document from Rocket Lawyer (https://www.rocketlawyer.com/gb/en).

 


For the sale of services to consumers via a website

Please read all these Terms and Conditions.

As we can accept your order and make a legally enforceable agreement without further reference to you, you must read these Terms and Conditions to make sure that they contain all that you want and nothing that you are not happy with.  If you are not sure about anything, just phone us on  +44 7849 215547.  

Application

1. These Terms and Conditions will apply to the purchase of the services and goods by you (the Customer or you). We are Project CPR Limited whose trading name is Project CPR a company registered in England and Wales under number 14779879 whose registered office is at 3 Middlefield,  West Wittering,  PO208AP   with  email address team@projectcpr.life;   telephone number +44 7849 215547; (the Supplier or us or we).

2. These are the terms on which we sell all Services to you.  By ordering any of the Services, you agree to be bound by these Terms and Conditions.  You can only purchase the Services and Goods from the Website if you are eligible to enter into a contract and are at least 18 years old.

Interpretation

3. Consumer means an individual acting for purposes which are wholly or mainly outside their trade, business, craft or profession;

4. Contract means the legally-binding agreement between you and us for the supply of the Services;

5. Delivery Location means the Supplier's premises or other location where the Services are to be supplied, as set out in the Order;

6. Durable Medium means paper or email, or any other medium that allows information to be addressed personally to the recipient, enables the recipient to store the information in a way accessible for future reference for a period that is long enough for the purposes of the information, and allows the unchanged reproduction of the information stored;

7. Goods means any goods that we supply to you with the Services, of the number and description as set out in the Order;

8. Order means the Customer's order for the Services from the Supplier as submitted following the step by step process set out on the Website;

9. Privacy Policy means the terms which set out how we will deal with confidential and personal information received from you via the Website;

10. Services means the services advertised on the Website, including any Goods, of the number and description set out in the Order;

11. Website means our website www.projectcpr.life on which the Services are advertised.

Services

12. The description of the Services and any Goods is as set out in the Website, catalogues, brochures or other form of advertisement. Any description is for illustrative purposes only and there may be small discrepancies in the size and colour of any Goods supplied.

13. In the case of Services and any Goods made to your special requirements, it is your responsibility to ensure that any information or specification you provide is accurate.

14. All Services which appear on the Website are subject to availability.

15. We can make changes to the Services which are necessary to comply with any applicable law or safety requirement. We will notify you of these changes.

Customer Responsibilities

16. You must co-operate with us in all matters relating to the Services, provide us and our authorised employees and representatives with access to any premises under your control as required, provide us with all information required to perform the Services and obtain any necessary licences and consents (unless otherwise agreed).

17. Failure to comply with the above is a Customer default which entitles us to suspend performance of the Services until you remedy it or if you fail to remedy it following our request, we can terminate the Contract with immediate effect on written notice to you.

Personal Information

18. We retain and use all information strictly under the Privacy Policy.

19. We may contact you by using e-mail or other electronic communication methods and by pre-paid post and you expressly agree to this.

Basis of Sale

20. The description of the Services and any Goods in our website does not constitute a contractual offer to sell the Services or Goods. When an Order has been submitted on the Website, we can reject it for any reason, although we will try to tell you the reason without delay.

21. The Order process is set out on the Website. Each step allows you to check and amend any errors before submitting the Order. It is your responsibility to check that you have used the ordering process correctly.

22. A Contract will be formed for the Services ordered only when you receive an email from us confirming the Order (Order Confirmation). You must ensure that the Order Confirmation is complete and accurate and inform us immediately of any errors. We are not responsible for any inaccuracies in the Order placed by you. By placing an Order you agree to us giving you confirmation of the Contract by means of an email with all information in it (ie the Order Confirmation). You will receive the Order Confirmation within a reasonable time after making the Contract, but in any event not later than the delivery of any Goods supplied under the Contract, and before performance begins of any of the Services.

23. Any quotation or estimate of Fees (as defined below) is valid for a maximum period of  15  days  from its date, unless we expressly withdraw it at an earlier time.

24. No variation of the Contract, whether about description of the Services, Fees or otherwise, can be made after it has been entered into unless the variation is agreed by the Customer and the Supplier in writing.

25. We intend that these Terms and Conditions apply only to a Contract entered into by you as a Consumer. If this is not the case, you must tell us, so that we can provide you with a different contract with terms which are more appropriate for you and which might, in some respects, be better for you, eg by giving you rights as a business.

Fees and Payment

26. The fees (Fees) for the Services, the price of any Goods (if not included in the Fees) and any additional delivery or other charges is that set out on the Website at the date we accept the Order or such other price as we may agree in writing. Prices for Services may be calculated on a fixed price or on a standard daily rate basis.

27. Fees and charges include VAT at the rate applicable at the time of the Order.

28. You must pay by submitting your credit or debit card details with your Order and we can take payment immediately or otherwise before delivery of the Services.

29. We reserve the right to charge a pre-payment of up to 100% of the sale.

Delivery

30. We will deliver the Services, including any Goods, to the Delivery Location by the time or within the agreed period or, failing any agreement:

a.   in the case of Services, within a reasonable time; and

b.   in the case of Goods, without undue delay and, in any event, not more than 30 days after the day on which the Contract is entered into.

31. In any case, except in the case of events beyond our control, if we do not deliver the Services on time, you can request a review of your original fees however, we reserve the right, within reasonable circumstances to refuse changes to our original contract. 

32. In any case, regardless of events beyond our control, if we do not deliver the Goods on time, you can (in addition to any other remedies) treat the Contract at an end if:

a.   we have refused to deliver the Goods, or if delivery on time is essential taking into account all the relevant circumstances at the time the Contract was made, or you said to us before the Contract was made that delivery on time was essential; or

b.   after we have failed to deliver on time, you have specified a later period which is appropriate to the circumstances and we have not delivered within that period.

33. If you treat the Contract at an end, we will (in addition to other remedies) promptly return all payments made under the Contract.

34. If you were entitled to treat the Contract at an end, but do not do so, you are not prevented from cancelling the Order for any Goods or rejecting Goods that have been delivered and, if you do this, we will (in addition to other remedies) without delay return all payments made under the Contract for any such cancelled or rejected Goods. If the Goods have been delivered, you must return them to us or allow us to collect them from you. If any Services have been provided to you, you forfeit the right to request a refund as the contract will have been deemed complete.

35. If any Goods form a commercial unit (a unit is a commercial unit if division of the unit would materially impair the value of the goods or the character of the unit) you cannot cancel or reject the Order for some of those Goods without also cancelling or rejecting the Order for the rest of them.

36. We do not generally deliver to addresses outside England and Wales, Scotland, Northern Ireland, the Isle of Man and the Channels Islands. If, however, we accept an Order for delivery outside that area, you may need to pay import duties or other taxes, as we will not pay them.

37. You agree we may deliver the Goods in instalments if we suffer a shortage of stock or other genuine and fair reason, subject to the above provisions and provided you are not liable for extra charges.

38. If you or your nominee fail, through no fault of ours, to take delivery of the Services at the Delivery Location, we may charge the reasonable costs of storing and redelivering them.

39. The Goods will become your responsibility from the completion of delivery or Customer collection. You must, if reasonably practicable, examine the Goods before accepting them.

Risk and Title

40. Risk of damage to, or loss of, any Goods will pass to you when the Goods are delivered to you.

41. You do not own the Goods until we have received payment in full. If full payment is overdue or a step occurs towards your bankruptcy, we can choose, by notice to cancel any delivery and end any right to use the Goods still owned by you, in which case you must return them or allow us to collect them.

Withdrawal  and Cancellation

42. You can withdraw the Order by telling us before the Contract is made, if you simply wish to change your mind and without giving us a reason, and without incurring any liability.

43. This is a distance contract (as defined below) which has the cancellation rights (Cancellation Rights) set out below. These Cancellation Rights, however, do not apply, to a contract for the following goods and services (with no others) in the following circumstances:

a.   goods that are made to your specifications or are clearly personalised;

b.   goods which are liable to deteriorate or expire rapidly.

c.   services or content which you have accessed and consumed at least 50% of.

Right to Cancel

44. Subject as stated in these Terms and Conditions, you can cancel this contract within 14 days without giving any reason.

45. The cancellation period will expire after 14 days from the day on which you acquire, or a third party, other than the carrier, indicated by you, acquires physical possession of the last of the Goods. In a contract for the supply of services only (without goods), the cancellation period will expire 14 days from the day the Contract was entered into. In a contract for the supply of goods over time (ie subscriptions or digital course access), the right to cancel will be 14 days after the first delivery.

a.   In the case of digital course access, you must not have consumed greater than 50% of the content. If you have consumed greater than 50% of the content on a digital course and still wish to cancel within your 14 day period we reserve the right to charge a service fee of 50% of the price of the course, which will increment directly proportional to the percentage of content that has been consumed at the time of the request for cancellation.

46. To exercise the right to cancel, you must inform us of your decision to cancel this Contract by a clear statement setting out your decision (eg a letter sent by post or email). In any event, you must be able to show clear evidence of when the cancellation was made.

47. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired. Receipt certificates of email or phone messages left will be time stamped for accuracy.

Commencement of Services in the Cancellation Period

48. Where your service is delivered within the cancellation period due to scheduling agreement (for example: in the case of a physical course) then you forfeit the right to cancel once the service has been provided. 

Effects of Cancellation in the Cancellation Period

49. Except as set out below, if you cancel this Contract, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us).

Payment for Services Commenced During the Cancellation Period

50. Where a service is supplied (being part of the Service) before the end of the cancellation period in response to your express request to do so, you must pay an amount for the supply of the service for the period for which it is supplied, ending with the time when we are informed of your decision to cancel the Contract. This amount is in proportion to what has been supplied in comparison with the full coverage of the Contract. This amount is to be calculated on the basis of the total price agreed in the Contract or, if the total price were to be excessive, on the basis of the market value of the service that has been supplied, calculated by comparing prices for equivalent services supplied by other traders. You will bear no cost for supply of that service, in full or in part, in this cancellation period if that service is not supplied in response to such a request. 

51. In the case of digital course access, you must not have consumed greater than 50% of the content. If you have consumed greater than 50% of the content on a digital course and still wish to cancel within your 14 day period we reserve the right to charge a service fee of 50% of the price of the course, which will increment directly proportional to the percentage of content that has been consumed at the time of the request for cancellation.

Deduction for Goods Supplied

52. We may make a deduction from the reimbursement for loss in value of any Goods supplied, if the loss is the result of unnecessary handling by you (ie handling the Goods beyond what is necessary to establish the nature, characteristics and functioning of the Goods: eg it goes beyond the sort of handling that might be reasonably allowed in a shop). This is because you are liable for that loss and, if that deduction is not made, you must pay us the amount of that loss.

Timing of Reimbursement

53. If we have not offered to collect the Goods, we will make the reimbursement without undue delay, and not later than:

a.   14 days after the day we receive back from you any Goods supplied, or

b.   (if earlier) 14 days after the day you provide evidence that you have sent back the Goods.

54. If we have offered to collect the Goods or if no Goods were supplied or to be supplied (ie it is a contract for the supply of services only), we will make the reimbursement without undue delay, and not later than 14 days after the day on which we are informed about your decision to cancel this Contract.

55. We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.

Returning Goods

56. If you have received Goods in connection with the Contract which you have cancelled, you must send back the Goods or hand them over to us at        3 Middlefield,  West Wittering,  PO208AP     without delay and in any event not later than 14 days from the day on which you communicate to us your cancellation of this Contract. The deadline is met if you send back the Goods before the period of 14 days has expired. You agree that you will have to bear the cost of returning the Goods.

57. For the purposes of these Cancellation Rights, these words have the following meanings:

a.   distance contract means a contract concluded between a trader and a consumer under an organised distance sales or service-provision scheme without the simultaneous physical presence of the trader and the consumer, with the exclusive use of one or more means of distance communication up to and including the time at which the contract is concluded;

b.   sales contract means a contract under which a trader transfers or agrees to transfer the ownership of goods to a consumer and the consumer pays or agrees to pay the price, including any contract that has both goods and services as its object.

Conformity and Guarantee

58. We have a legal duty to supply the Goods in conformity with the Contract, and will not have conformed if it does not meet the following obligation.

59. Upon delivery, the Goods will:

a.   be of satisfactory quality;

b.   be reasonably fit for any particular purpose for which you buy the Goods which, before the Contract is made, you made known to us (unless you do not actually rely, or it is unreasonable for you to rely, on our skill and judgment) and be fit for any purpose held out by us or set out in the Contract; and

c.   conform to their description.

60. It is not a failure to conform if the failure has its origin in your materials.

61. We will supply the Services with reasonable skill and care.

62. We will immediately, or within a reasonable time, give you the benefit of the free guarantee given by the manufacturer of the Goods. Details of the guarantee, including the name and address of the manufacturer, the duration and territorial scope of the guarantee, are set out in the manufacturer's guarantee supplied with the Goods. This guarantee will take effect at the time the Goods are delivered, and will not reduce your legal rights.

63. We will provide the following after-sales service: For purchases of defibrillators, defibrillator consumables and cabinets the supplier will support the customer in installing and activating their new equipment where the delivery of such equipment is within our local catchment area. 

For purchases of Life Vac Anti-Choking Devices the supplier will support the customer by supplying a training video beyond that which comes with the device.

For all digital course purchases the supplier will support the customer with enrolment, technical difficulties, and tracking of course completion.

64. In relation to the Services, anything we say or write to you, or anything someone else says or writes to you on our behalf, about us or about the Services, is a term of the Contract (which we must comply with) if you take it into account when deciding to enter this Contract, or when making any decision about the Services after entering into this Contract. Anything you take into account is subject to anything that qualified it and was said or written to you by us or on behalf of us on the same occasion, and any change to it that has been expressly agreed between us (before entering this Contract or later).

Duration, Termination and Suspension

65. The Contract continues as long as it takes us to perform the Services.

66. Either you or we may terminate the Contract or suspend the Services at any time by a written notice of termination or suspension to the other if that other:

a.   commits a serious breach, or series of breaches resulting in a serious breach, of the Contract and the breach either cannot be fixed or is not fixed within 30 days of the written notice; or

b.   is subject to any step towards its bankruptcy or liquidation.

67. On termination of the Contract for any reason, any of our respective remaining rights and liabilities will not be affected.

Successors and Our Sub-Contractors

68. Either party can transfer the benefit of this Contract to someone else, and will remain liable to the other for its obligations under the Contract. The Supplier will be liable for the acts of any sub-contractors who it chooses to help perform its duties.

Circumstances Beyond the Control of Either Party

69. In the event of any failure by a party because of something beyond its reasonable control:

a.   the party will advise the other party as soon as reasonably practicable; and

b.   the party's obligations will be suspended so far as is reasonable, provided that that party will act reasonably, and the party will not be liable for any failure which it could not reasonably avoid, but this will not affect the Customer's above rights relating to delivery (and the right to cancel below).

Privacy

70. Your privacy is critical to us. We respect your privacy and comply with the General Data Protection Regulation with regard to your personal information.

71. These Terms and Conditions should be read alongside, and are in addition to our policies, including our Privacy Policy (www.projectcpr.life/privacy-policy) and Cookies Policy (www.projectcpr.life/cookie-policy).

72. For the purposes of these Terms and Conditions:

a.   'Data Protection Laws' means any applicable law relating to the processing of Personal Data, including, but not limited to the GDPR.

b.   'GDPR' means the UK General Data Protection Regulation.

c.   'Data Controller', 'Personal Data' and 'Processing' shall have the same meaning as in the GDPR.

73. We are a Data Controller of the Personal Data we Process in providing the Services and Goods to you.

74. Where you supply Personal Data to us so we can provide Services and Goods to you, and we Process that Personal Data in the course of providing the Services and Goods to you, we will comply with our obligations imposed by the Data Protection Laws:

a.   before or at the time of collecting Personal Data, we will identify the purposes for which information is being collected;

b.   we will only Process Personal Data for the purposes identified;

c.   we will respect your rights in relation to your Personal Data; and

d.   we will implement technical and organisational measures to ensure your Personal Data is secure.

75. For any enquiries or complaints regarding data privacy, you can e-mail: team@projectcpr.life.

Excluding Liability

76. The Supplier does not exclude liability for: (i) any fraudulent act or omission; or (ii) death or personal injury caused by negligence or breach of the Supplier's other legal obligations. Subject to this, we are not liable for (i) loss which was not reasonably foreseeable to both parties at the time when the Contract was made, or (ii) loss (eg loss of profit) to your business, trade, craft or profession which would not be suffered by a Consumer - because we believe you are not buying the Services and Goods wholly or mainly for your business, trade, craft or profession.

Governing Law, Jurisdiction and Complaints

77. The Contract (including any non-contractual matters) is governed by the law of England and Wales.

78. Disputes can be submitted to the jurisdiction of the courts of England and Wales or, where the Customer lives in Scotland or Northern Ireland, in the courts of respectively Scotland or Northern Ireland.

79. We try to avoid any dispute, so we deal with complaints as follows: If a dispute occurs customers should contact us to find a solution. We will aim to respond with an appropriate solution within 1 month. If we are unable to respond or resolve your query within 1 month you will be notified in writing of the delay and an additional timeline will be suggested. .

80. We aim to follow these codes of conduct, copies of which you can obtain as follows: 
   Project CPR Instructors Code of Conduct  available from www.projectcpr.life
  

Attribution

81. These Terms and Conditions were created using a document from Rocket Lawyer (https://www.rocketlawyer.com/gb/en). 

 

Business to Business Terms and Conditions

These terms and conditions apply to any business or representative of such.

For the sale of services to businesses

Please read all these Terms and Conditions.

Application and Entire Agreement

1. These Terms and Conditions apply to the provision of the services detailed in our quotation (Services) by  Project CPR Limited a company registered in England and Wales under number 14779879 whose registered office is at 3 Middlefield, West Wittering, PO208AP  (we or us or Service Provider) to the person buying the services (you or Customer).

2. You are deemed to have accepted these Terms and Conditions when you accept our quotation or from the date of any performance of the Services (whichever happens earlier) and these Terms and Conditions and our quotation (the Contract) are the entire agreement between us.

3. You acknowledge that you have not relied on any statement, promise or representation made or given by or on our behalf. These Conditions apply to the Contract to the exclusion of any other terms that you try to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.

Interpretation

4. A "business day" means any day other than a Saturday, Sunday or bank holiday in England and Wales.

5. The headings in these Terms and Conditions are for convenience only and do not affect their interpretation.

6. Words imparting the singular number shall include the plural and vice-versa.

Services

7. We warrant that we will use reasonable care and skill in our performance of the Services which will comply with the quotation, including any specification in all material respects. We can make any changes to the Services which are necessary to comply with any applicable law or safety requirement, and we will notify you if this is necessary.

8. We will use our reasonable endeavours to complete the performance of the Services within the time agreed or as set out in the quotation; however, time shall not be of the essence in the performance of our obligations.

9. All of these Terms and Conditions apply to the supply of any goods as well as Services unless we specify otherwise.

Your Obligations

10. You must obtain any permissions, consents, licences or otherwise that we need and must give us with access to any and all relevant information, materials, properties and any other matters which we need to provide the Services.

11. If you do not comply with clause 10, we can terminate the Services.

12. We are not liable for any delay or failure to provide the Services if this is caused by your failure to comply with the provisions of this section (Your obligations).

Fees and Deposit

13. The fees (Fees) for the Services are set out in the quotation and are on a time and materials basis.

14. In addition to the Fees, we can recover from you a) reasonable incidental expenses including, but not limited to, travelling expenses, hotel costs, subsistence and any associated expenses, b) the cost of services provided by third parties and required by us for the performance of the Services, and c) the cost of any materials required for the provision of the Services.

15. You must pay us for any additional services provided by us that are not specified in the quotation in accordance with our then current, applicable  hourly  rate in effect at the time of performance or such other rate as may be agreed between us. The provisions of clause 14 also apply to these additional services.

16. The Fees are  exclusive  of any applicable VAT and other taxes or levies which are imposed or charged by any competent authority.

17. You must pay a deposit (Deposit) as detailed in the quotation  at the time of accepting the quotation.  

18. If you do not pay the Deposit to us according to the clause above, we can either withhold provision of the Services until the Deposit is received or can terminate under the clause below (Termination).

19. The Deposit is non-refundable unless we fail to provide the Services and are at fault for such failure (where the failure is not our fault, no refund will be made).

Cancellation and Amendment

20. We can withdraw, cancel or amend a quotation if it has not been accepted by you, or if the Services have not started, within a period of  15  days  from the date of the quotation, (unless the quotation has been withdrawn).

21. Either we or you can cancel an order for any reason prior to your acceptance (or rejection) of the quotation.

22. If you want to amend any details of the Services you must tell us in writing as soon as possible. We will use reasonable endeavours to make any required changes and additional costs will be included in the Fees and invoiced to you.

23. If, due to circumstances beyond our control, including those set out in the clause below (Circumstances beyond a party's control), we have to make any change in the Services or how they are provided, we will notify you immediately. We will use reasonable endeavours to keep any such changes to a minimum.

Payment

24. We will invoice you for payment of the Fees either:

a.   when we have completed the Services; or

b.   on the invoice dates set out in the quotation.

25. You must pay the Fees due within  15  days  of the date of our invoice or otherwise in accordance with any credit terms agreed between us.

26. Time for payment shall be of the essence of the Contract.

27. Without limiting any other right or remedy we have for statutory interest, if you do not pay within the period set out above, we will charge you interest at the rate of 4% per annum above the base lending rate of the Bank of England from time to time on the amount outstanding until payment is received in full.

28. All payments due under these Terms and Conditions must be made in full without any deduction or withholding except as required by law and neither of us can assert any credit, set-off or counterclaim against the other in order to justify withholding payment of any such amount in whole or in part.

29. If you do not pay within the period set out above, we can suspend any further provision of the Services and cancel any future services which have been ordered by, or otherwise arranged with, you.

30. Receipts for payment will be issued by us only at your request.

31. All payments must be made in  British Pounds unless otherwise agreed in writing between us.

Sub-contracting and Assignment

32. We can at any time assign, transfer, charge, subcontract or deal in any other manner with all or any of our rights under these Terms and Conditions and can subcontract or delegate in any manner any or all of our obligations to any third party.

33. You must not, without our prior written consent, assign, transfer, charge, subcontract or deal in any other manner with all or any of your rights or obligations under these Terms and Conditions.

Termination

34. We can terminate the provision of the Services immediately if you:

a.   commit a material breach of your obligations under these Terms and Conditions; or

b.   fail to make pay any amount due under the Contract on the due date for payment; or

c.   are or become or, in our reasonable opinion, are about to become, the subject of a bankruptcy order or take advantage of any other statutory provision for the relief of insolvent debtor; or

d.   enter into a voluntary arrangement under Part 1 of the Insolvency Act 1986, or any other scheme or arrangement is made with its creditors; or

e.   convene any meeting of your creditors, enter into voluntary or compulsory liquidation, have a receiver, manager, administrator or administrative receiver appointed in respect of your assets or undertakings or any part of them, any documents are filed with the court for the appointment of an administrator in respect of you, notice of intention to appoint an administrator is given by you or any of your directors or by a qualifying floating charge holder (as defined in para. 14 of Schedule B1 of the Insolvency Act 1986), a resolution is passed or petition presented to any court for your winding up or for the granting of an administration order in respect of you, or any proceedings are commenced relating to your insolvency or possible insolvency.

Intellectual Property

35. We reserve all copyright and any other intellectual property rights which may subsist in any goods supplied in connection with the provision of the Services. We reserve the right to take any appropriate action to restrain or prevent the infringement of such intellectual property rights.

a.   No unauthorised copy shall be permitted of any materials supplied to you. 

b.   You will not be authorized to back channel to our content or website your own websites or media channels. 

c.   You will not be allowed to supply your login details to any additional parties extending beyond the number of enrolled users that have been purchased by you, doing so will infringe on our copyright and intellectual property rights. 

i.   Should the above occur, we reseve the right to charge you in full for the value of lost property plus an administration fee of £100.00. 

Liability and Indemnity

36. Our liability under these Terms and Conditions, and in breach of statutory duty, and in tort or misrepresentation or otherwise, shall be limited as set out in this section.

37. The total amount of our liability is limited to the total amount of Fees payable by you under the Contract.

38. We are not liable (whether caused by our employees, agents or otherwise) in connection with our provision of the Services or the performance of any of our other obligations under these Terms and Conditions or the quotation for:

a.   any indirect, special or consequential loss, damage, costs, or expenses or;

b.   any loss of profits; loss of anticipated profits; loss of business; loss of data; loss of reputation or goodwill; business interruption; or, other third party claims; or

c.   any failure to perform any of our obligations if such delay or failure is due to any cause beyond our reasonable control; or

d.   any losses caused directly or indirectly by any failure or your breach in relation to your obligations; or

e.   any losses arising directly or indirectly from the choice of Services and how they will meet your requirements or your use of the Services or any goods supplied in connection with the Services.

39. You must indemnify us against all damages, costs, claims and expenses suffered by us arising from any loss or damage to any equipment (including that belonging to third parties) caused by you or your agents or employees.

40. Nothing in these Terms and Conditions shall limit or exclude our liability for death or personal injury caused by our negligence, or for any fraudulent misrepresentation, or for any other matters for which it would be unlawful to exclude or limit liability.

41. We hold no liability for misuse of information provided by any of our instructors or during any of our courses. We hold no liability for any student performing first aid incorrectly as they will be educated by qualified instructors following a strict lesson plan that is in accordance with current RCUK guidelines and the St. Johns Ambulance and British Red Cross first aid manual. 

42. All of our instructors hold professional indemnity insurance through Project CPR Limited and will be covered for any grievances as a direct result of their instruction. 

43. We do not hold any liability for instructors maintenance of their first aid knowledge and professional registration; as we host our course content using the most up-to-date recommendations by the regulated medical bodies. All instructors will be expected to follow the guided course outline and provide accurate information on their teachings. 

Data Protection

44. When supplying the Services to the Customer, the Service Provider may gain access to and/or acquire the ability to transfer, store or process personal data of employees of the Customer.

45. The parties agree that where such processing of personal data takes place, the Customer shall be the 'data controller' and the Service Provider shall be the 'data processor' as defined in the General Data Protection Regulation (GDPR) as may be amended, extended and/or re-enacted from time to time.

46. For the avoidance of doubt, 'Personal Data', 'Processing', 'Data Controller', 'Data Processor' and 'Data Subject' shall have the same meaning as in the GDPR.

47. The Service Provider shall only Process Personal Data to the extent reasonably required to enable it to supply the Services as mentioned in these Terms and Conditions or as requested by and agreed with the Customer, shall not retain any Personal Data longer than necessary for the Processing and refrain from Processing any Personal Data for its own or for any third party's purposes.

48. The Service Provider shall not disclose Personal Data to any third parties other than employees, directors, agents, sub-contractors or advisors on a strict 'need-to-know' basis and only under the same (or more extensive) conditions as set out in these Terms and Conditions or to the extent required by applicable legislation and/or regulations.

49. The Service Provider shall implement and maintain technical and organisational security measures as are required to protect Personal Data Processed by the Service Provider on behalf of the Customer.

50. Further information about the Service Provider's approach to data protection are specified in its Data Protection Policy, which can be found on our website. For any enquiries or complaints regarding data privacy, you can email: team@projectcpr.life.

Circumstances Beyond a Party's Control

51. Neither of us is liable for any failure or delay in performing our obligations where such failure or delay results from any cause that is beyond the reasonable control of that party. Such causes include, but are not limited to: industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action or any other event that is beyond the control of the party in question. Personal events beyond our control are also covered in this clause including but not limited to sickness, family emergencies, and issues with transportation. If the delay continues for a period of 90 days, either of us may terminate or cancel the Services to be carried out under these Terms and Conditions.

52. We will do our best to attempt to reschedule at your convienience but scheduling may require that your services be delayed beyond 90 days. If this is the case we will notify you in writing and you will be afforded the opportunity to cancel the service.

Communications

53. All notices under these Terms and Conditions must be in writing and signed by, or on behalf of, the party giving notice (or a duly authorised officer of that party).

54. Notices shall be deemed to have been duly given:

a.   when delivered, if delivered by courier or other messenger (including registered mail) during the normal business hours of the recipient;

b.   when sent, if transmitted by fax or email and a successful transmission report or return receipt is generated;

c.   on the fifth business day following mailing, if mailed by national ordinary mail; or

d.   on the tenth business day following mailing, if mailed by airmail.

55. All notices under these Terms and Conditions must be addressed to the most recent address, email address or fax number notified to the other party.

No waiver

56. 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 nor stop further exercise of any other right, or remedy.

Severance

57. If one or more of these Terms and Conditions is found to be unlawful, invalid or otherwise unenforceable, that / those provisions will be deemed severed from the remainder of these Terms and Conditions (which will remain valid and enforceable).

Law and Jurisdiction

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


For the sale of goods to businesses

Please read all these Terms and Conditions.

Application and Entire Agreement

1. These Terms and Conditions will apply to the purchase of the goods detailed in our quotation (Goods) by the buyer (you or Customer) from  Project CPR Limited a company registered in England and Wales under number 14779879 whose registered office is at 3 Middlefield,  West Wittering,  PO208AP  (we or us or Supplier).

2. These Terms and Conditions will be deemed to have been accepted by you when you accept them or the quotation or from the date of any delivery of the Goods (whichever happens earlier) and will constitute the entire agreement between us and you.

3. These Terms and Conditions and the quotation (together, the Contract) apply to the purchase and sale of any Goods between us and you, to the exclusion of any other terms that you try to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.

Interpretation

4. A "business day" means any day other than a Saturday, Sunday or bank holiday in England and Wales.

5. The headings in these Terms and Conditions are for convenience only and will not affect their interpretation.

6. Words imparting the singular number include the plural and vice-versa.

Goods

7. The description of the Goods is set out in our sales documentation, unless expressly changed in our quotation. In accepting the quotation you acknowledge that you have not relied upon any statement, promise or other representations about the Goods by us. Descriptions of the Goods set out in our sales documentation are intended as a guide only.

8. We can make any changes to the specification of the Goods which are required to conform to any applicable safety or other statutory or regulatory requirements.

Price

9. The price (Price) of the Goods is set out in our quotation current at the date of your order or such other price as we may agree in writing.

10. If the cost of the Goods to us increases due to any factor beyond our control including, but not limited to, material costs, labour costs, alteration of exchange rates or duties, or changes to delivery rates, we can increase the Price prior to delivery.

11. Any increase in the Price under the clause above will only take place after we have told you about it.

12. You may be entitled to discounts. Any and all discounts will be at our discretion.

13. The Price is  exclusive  of fees for packaging and transportation / delivery.

14. The Price is  exclusive  of any applicable VAT and other taxes or levies which are imposed or charged by any competent authority.

Cancellation and Alteration

15. Details of the Goods as described in the clause above (Goods) and set out in our sales documentation are subject to alteration without notice and are not a contractual offer to sell the Goods which is capable of acceptance.

16. The quotation (including any non-standard price negotiated in accordance with the clause on Price (above) is valid for a period of  30  days  only from the date shown in it unless expressly withdrawn by us at an earlier time.

17. Either of us can cancel the order for any reason prior to your acceptance (or rejection) of the quotation.

Payment

18. We will invoice you for the Price either:

a.   on or at any time after delivery of the Goods; or

b.   where the Goods are to be collected by you or where you wrongfully do not take delivery of the Goods, at any time after we have notified you that the Goods are ready for collection or we have tried to deliver them.

19. You must pay the Price within  15  days  of the date of our invoice or otherwise according to any credit terms agreed between us.

20. You must make payment even if delivery has not taken place and / or that the title in the Goods has not passed to you.

21. If you do not pay within the period set out above, we will suspend any further deliveries to you and without limiting any of our other rights or remedies for statutory interest, charge you interest at the rate of 4% per annum above the base rate of the Bank of England from time to time on the amount outstanding until you pay in full.

22. Time for payment will be of the essence of the Contract between us and you.

23. All payments must be made in  British Pounds unless otherwise agreed in writing between us.

24. Both parties must pay all amounts due under these Terms and Conditions in full without any deduction or withholding except as required by law and neither party is entitled to assert any credit, set-off or counterclaim against the other in order to justify withholding payment of any such amount in whole or in part.

Delivery

25. We will arrange for the delivery of the Goods to the address specified in the quotation or your order or to another location we agree in writing.

26. If you do not specify a delivery address or if we both agree, you must collect the Goods from our premises.

27. Subject to the specific terms of any special delivery service, delivery can take place at any time of the day and must be accepted at any time between 8 am to 8 pm.

28. If you do not take delivery of the Goods we may, at our discretion and without prejudice to any other rights:

a.   store or arrange for the storage of the Goods and will charge you for all associated costs and expenses including, but not limited to, transportation, storage and insurance; and / or

b.   make arrangements for the redelivery of the Goods and will charge you for the costs of such redelivery; and/or

c.   after 10 business days, resell or otherwise dispose of part or all of the Goods and charge you for any shortfall below the price of the Goods.

29. If redelivery is not possible as set out above, you must collect the Goods from our premises and will be notified of this. We can charge you for all associated costs including, but not limited to, storage and insurance.

30. Any dates quoted for delivery are approximate only, and the time of delivery is not of the essence. We will not be liable for any delay in delivery of the Goods that is caused by a circumstance beyond our control or your failure to provide us with adequate delivery instructions or any other instructions that are relevant to the supply of the Goods.

31. We can deliver the Goods by instalments, which will be invoiced and paid for separately. Each instalment is a separate contract. Any delay in delivery or defect in an instalment will not entitle you to cancel any other instalment.

Inspection and Acceptance of Goods

32. You must inspect the Goods on delivery or collection.

33. If you identify any damages or shortages, you must inform us in writing within  10  days  of delivery, providing details.

34. Other than by agreement, we will only accept returned Goods if we are satisfied that those Goods are defective and if required, have carried out an inspection.

35. Subject to your compliance with this clause and/or our agreement, you may return the Goods and we will, as appropriate, repair, or replace, or refund the Goods or part of them.

36. We will be under no liability or further obligation in relation to the Goods if:

a.   if you fail to provide notice as set above; and/or

b.   you make any further use of such Goods after giving notice under the clause above relating to damages and shortages; and/or

c.   the defect arises because you did not follow our oral or written instructions about the storage, commissioning, installation, use and maintenance of the Goods; and/or

d.   the defect arises from normal wear and tear of the Goods; and/or

e.   the defect arises from misuse or alteration of the Goods, negligence, wilful damage or any other act by you, your employees or agents or any third parties.

37. You bear the risk and cost of returning the Goods.

38. Acceptance of the Goods will be deemed to be upon inspection of them by you and in any event within  11  days  after delivery.

Risk and Title

39. The risk in the Goods will pass to you on completion of delivery.

40. Title to the Goods will not pass to you until we have received payment in full (in cash or cleared funds) for: (a) the Goods and/or (b) any other goods or services that we have supplied to you in respect of which payment has become due.

41. Until title to the Goods has passed to you, you must (a) hold the Goods on a fiduciary basis as our bailee; and/or (b) store the goods separately and not remove, deface or obscure any identifying mark or packaging on or relating to the Goods; and/or (c) keep the Goods in satisfactory condition and keep them insured against all risks for their full price from the date of delivery.

42. As long as the Goods have not been resold, or irreversibly incorporated into another product, and without limiting any other right or remedy we may have, we can at any time ask you to deliver up the Goods and, if you fail to do so promptly, enter any of your premises or of any third party where the Goods are stored in order to recover them.

Termination

43. We can terminate the sale of Goods under the Contract where:

a.   you commit a material breach of your obligations under these Terms and Conditions;

b.   you are or become or, in our reasonable opinion, are about to become the subject of a bankruptcy order or take advantage of any other statutory provision for the relief of insolvent debtors;

c.   you enter into a voluntary arrangement under Part 1 of the Insolvency Act 1986, or any other scheme or arrangement is made with your creditors; or

d.   you convene any meeting of your creditors, enter into voluntary or compulsory liquidation, have a receiver, manager, administrator or administrative receiver appointed in respect of your assets or undertakings or any part thereof, any documents are filed with the court for the appointment of an administrator, notice of intention to appoint an administrator is given by you or any of your directors or by a qualifying floating charge holder (as defined in para. 14 of Schedule B1 of the Insolvency Act 1986), a resolution is passed or petition presented to any court for the winding up of your affairs or for the granting of an administration order, or any proceedings are commenced relating to your insolvency or possible insolvency.

Limitation of Liability

44. Our liability under the Contract, and in breach of statutory duty, and in tort, misrepresentation or otherwise will be limited to this section.

45. Subject to the clauses above on Inspection and Acceptance and Risk and Title, all warranties, conditions or other terms implied by statute or common law (save for those implied by Section 12 of the Sale of Goods Act 1979) are excluded to the fullest extent permitted by law.

46. If we do not deliver the Goods, our liability is limited, subject to the clause below, to the costs and expenses incurred by you in obtaining replacement goods of similar description and quality in the cheapest market available, less the price of the Goods.

47. Our total liability will not, in any circumstances, exceed the total amount of the Price payable by you.

48. We will not be liable (whether caused by our employees, agents or otherwise) in connection with the Goods, for:

a.   any indirect, special or consequential loss, damage, costs, or expenses; and/or

b.   any loss of profits; loss of anticipated profits; loss of business; loss of data; loss of reputation or goodwill; business interruption; or, other third party claims; and/or

c.   any failure to perform any of our obligations if such delay or failure is due to any cause beyond our reasonable control; and/or

d.   any losses caused directly or indirectly by any failure or breach by you in relation to your obligations; and/or

e.   any loss relating to the choice of the Goods and how they will meet your purpose or the use by you of the Goods supplied.

49. The exclusions of liability contained within this clause will not exclude or limit our liability for death or personal injury caused by our negligence; or for any matter for which it would be illegal for us to exclude or limit our liability; and for fraud or fraudulent misrepresentation.

Communications

50. All notices under these Terms and Conditions must be in writing and signed by, or on behalf of, the party giving notice (or a duly authorised officer of that party).

51. Notices will be deemed to have been duly given:

a.   when delivered, if delivered by courier or other messenger (including registered mail) during the normal business hours of the recipient;

b.   when sent, if transmitted by fax or email and a successful transmission report or return receipt is generated;

c.   on the fifth business day following mailing, if mailed by national ordinary mail; or

d.   on the tenth business day following mailing, if mailed by airmail.

52. All notices under these Terms and Conditions must be addressed to the most recent address, email address or fax number notified to the other party.

Data Protection

53. When providing the Goods to the Buyer, the Seller may gain access to and/or acquire the ability to transfer, store or process personal data of employees of the Buyer.

54. The parties agree that where such processing of personal data takes place, the Buyer shall be 'data controller' and the Seller shall be the 'data processor' as defined in the General Data Protection Regulation (GDPR) as may be amended, extended and/or re-enacted from time to time.

55. For the avoidance of doubt, 'Personal Data', 'Processing', 'Data Controller', 'Data Processor' and 'Data Subject' shall have the same meaning as in the GDPR.

56. The Seller shall only Process Personal Data to the extent reasonably required to enable it to provide the Goods as mentioned in these Terms and Conditions or as requested by and agreed with the Buyer, shall not retain any Personal Data longer than necessary for the Processing and refrain from Processing any Personal Data for its own or for any third party's purposes.

57. The Seller shall not disclose Personal Data to any third parties other than employees, directors, agents, subcontractors or advisors on a strict "need-to-know" basis and only under the same (or more extensive) conditions as set out in these Terms and Conditions or to the extent required by applicable legislation and/or regulations.

58. The Seller shall implement and maintain technical and organisational security measures as are required to protect Personal Data Processed by the Seller on behalf of the Buyer. Further information about the Seller's approach to data protection are specified in its Data Protection Policy, which can be found on our website. For any enquiries or complaints regarding data privacy, you can e-mail: team@projectcpr.life.

Circumstances Beyond the Control of Either Party

59. Neither party shall be liable for any failure or delay in performing their obligations where such failure or delay results from any cause that is beyond the reasonable control of that party. Such causes include, but are not limited to: sickness, industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action or any other event that is beyond the control of the party in question.

No Waiver

60. No waiver by us of any breach of these Terms and Conditions by you shall be considered as a waiver of any subsequent breach of the same or any other provision.

Severance

61. If one or more of these Terms and Conditions is found to be unlawful, invalid or otherwise unenforceable, that / those provisions shall be deemed severed from the remainder of these Terms and Conditions (which will remain valid and enforceable).

Law and Jurisdiction

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