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Terms & Conditions

You (the ‘Customer’/’You’/’Your’) must agree to these terms and conditions before ordering from Titan Development Centre (‘we’ ‘us’ ‘TDC’).

Clicking on the ‘place order’ button indicates that you agree with all terms and conditions stated herein. You should read these terms and conditions before placing an order, they contain important information.
We have tried to state our terms and conditions as clearly as possible, however, if you have any queries at all about these terms and conditions, please do not hesitate to contact us.

Contents:
1. Terms
2. Who we are
3. E-mail and attachments
4. Order process
5. Delivery
6. The goods
7. Digital downloads
8. Copyright
9. Prices and payment
10. Delivery
11. Liability
12. Refunds, Cancellation and Credit Notes
13. Termination
14. Personal information and data protection
15. Credit/ debit card payment
16. Assignment
17. Force majeure
18. Communications
19. General

Definitions
In these Conditions, the following definitions apply:

Contract has the meaning set out in clause 4.5;

Digital Downloads means training materials (including but not limited to encompass books, presentations and videos) available for purchase and download on the Highfield Website;

Goods means the goods purchased by you in accordance with the Contract;

Insolvency Event means a party: (i) enters liquidation; (ii) has a receiver, liquidator, administrator, trustee or an individual with a similar role appointed over any of its assets; (iii) proposes to make arrangements with its creditors or goes into liquidation; or (iv) suffers an event which, under the law of any jurisdiction, is equivalent to any of the acts or events specified above;

On-screen Assessment Platform means the online software application which may be provided to you by TDC in accordance with the Contract;

Terms means these terms and conditions as amended from time to time together with any special terms agreed in writing between you and TDC;

Website means the Highfield Website at www.titandevelopmentcentre.uk; and

Working Day means a day (other than a Saturday, Sunday or a public holiday) when banks in London are open for business.

1. Terms

  • Subject to any variation under clause 3, the Contract (as defined below) shall be on these Terms and the Privacy Policy (as defined below) to the exclusion of all other terms and conditions (including any terms or conditions which you purport to apply under any purchase order, confirmation of order, specification or other document).
  • No terms or conditions endorsed on, delivered with or contained in your purchase order, confirmation of order, specification or other document shall form part of the Contract simply as a result of such document being referred to in the Contract.
  • These Terms apply to all TDC’s sales of Goods to you and any variation to these Terms and any representations about the Goods shall have no effect unless expressly agreed in writing and signed by a director of TDC. You acknowledge that you have not relied on any statement, promise or representation made or given by or on behalf of TDC which is not set out in the Contract.
  • If you are a company that has signed up to any agreement which incorporates these Terms, you agree to comply with any policies referred to in such agreement as amended from time to time.

2. Who we are
Titan Development Centre can be contacted directly by any of the means below:

2.1 Mail
Barcroft House
Business Lodge Bury
Barcroft Street
Bury
Greater Manchester
BL9 5BN

2.2 Telephone
0161 850 8485

2.3 Email
[email protected]
[email protected]

2.4 Contacts
Director – Michael Roberts
Director – Simon McHardy
Director – Luke Warner
Training Manager – Kyriacos Kyriacou

3. Email and attachments

  • 3.1 TDC will not send you an email with an attachment unless you specifically request it. We will not ask you to confirm any of your details by email. Should you receive an email with an attachment indicating that it is from TDC, and you have not specifically asked for the attachment, you should not open it as it may not be from us.
  • 3.2 All of TDC’s e-mail enabled computers are running up-to-date antivirus software. Although every reasonable effort has been made to ensure that our computers are virus free, we cannot be held responsible for any loss or damage to computers or other equipment caused by opening a file from, or indicating that it is from, TDC.

4. Order process

  • 4.1 Our privacy and cookies policy (https://titandevelopmentcentre.uk/TermsAndConditions.aspx) (the ‘Privacy Policy’) sets out the terms on which we process any personal data we collect from you or that you provide to us. By using our site, you consent to such processing and you warrant that all data provided by you is accurate. It also sets out information about the cookies we use on our site.
  • 4.2 Each order or acceptance of a quotation for Goods by you from TDC shall be deemed to be an offer by you to buy Goods subject to these conditions.
  • 4.3 No order placed by you shall be deemed to be accepted by TDC until a written acknowledgement of the order is issued by TDC or (if earlier) TDC delivers the Goods to You.
  • 4.4 You shall ensure that the terms of your order and any applicable specification are complete and accurate.
  • 4.5 Any quotation is given on the basis that the Contract shall come into existence upon dispatch by TDC of the acknowledgement of order or, if earlier, dispatch of the Goods to you (the “Contract”). Any quotation is valid for a period of 30 days only from its date, although may be withdrawn by at any time without notice.

5. Delivery

  • 5.1 Unless a specific agreement has been made, the following will apply:
    • 5.1.1 for orders within mainland UK received before 17:00, the Goods will normally be dispatched the following Working Day. Orders will normally be dispatched using a 2 Working Day service. It should normally take no longer than 4 Working Days to receive the Goods. If you have not received the Goods within 4 Working Days please contact us.
  • 5.2 If the delivery arrangements differ from above, you will be informed at the point of ordering, or by email as close as possible to the time of ordering.
  • 5.3 At any time before your order is dispatched, you have the right to cancel your order without payment or prejudice.

6. The Goods

  • 6.1 All Goods are subject to availability. As a result of continuous product improvement, the specification or design of Goods may vary from that shown. Any samples, drawings, descriptive matter or advertising produced by TDC and any descriptions contained on the Website are produced for the sole purpose of giving an approximate idea of the Goods referred to in them. They shall not form part of the Contract nor have any contractual force.
  • 6.2 It is your responsibility to ensure the suitability of the Goods offered for any particular purpose prior to purchasing the Goods.

7. Digital Downloads

  • 7.1 The content of our Digital Downloads do not constitute advice and should not be relied upon by you when making or refraining from making any decision.
  • 7.2 Subject to clause 12, we will not be liable to you for any economic loss, loss of profit, loss of business, loss of data, loss of revenue, depletion of goodwill or otherwise, in each case whether direct, indirect or consequential, or any claims for consequential compensation whatsoever that arise out of or in connection with the content, purchase and/or download by you of:
    • 7.2.1 the Digital Download; and/or
    • 7.2.2 materials the same as or similar to the Digital Downloads that are not provided or created by TDC.

8. Copyright

  • 8.1 You acknowledge and agree that TDC and/or its licensors own all intellectual property rights in the Goods. Except as expressly stated herein, the Contract does not grant you any rights to, or in, patents, copyright, database right, trade secrets, trade names, trademarks (whether registered or unregistered), or any other rights or licences in respect of the Goods.
  • 8.2 Subject to clause 3, no part of any publication, training materials, CD ROM, DVD, video production or any of TDC’s works may be reproduced by you. These works may not be stored in a retrieval system or transmitted in any form or by any means electronic, photocopying, recording or otherwise without prior written consent from TDC.
  • 8.3 Notwithstanding clause 2, if the Goods you purchase from us include a Digital Download, you shall be entitled to download and use such Digital Downloads from the Website without a licence from us. All intellectual property rights in such Digital Downloads, as between you and us, shall be owned by us both before and after purchase by you of the Digital Download.
  • 8.4 Goods provided to you on a preview only basis must not be used for training purposes until you purchase such Goods and/or must not be provided to and/or made accessible to any third party.
  • 8.5 You must obtain our express written consent to allow you to employ the use of direct links to our website assets (PDFs, images or other artefacts) from your website. You can obtain this by emailing [email protected].
  • 8.6 Any direct links must be reasonable, proportionate and not place undue bandwidth requirements upon the Website.
  • 8.7 If you fail, or we have reason to believe that you have failed, to comply with clauses 8.5 or 8.6 above, we reserve the right at our sole discretion to restrict your ability to directly link to said assets.

9. Prices and Payment

  • 9.1 You shall pay for the Goods at the point at which you purchase the Goods via the Website. The price of the Goods shall be confirmed prior to you purchasing the Goods.
  • 9.2 All prices in our catalogue, leaflets and on the Website are in GBP, exclude VAT and delivery and were correct when published. We reserve the right to change the advertised price before an order is placed. You shall be notified of such amended price prior to purchasing the Goods.
  • 9.3 If you fail to make any payment due to TDC under the Contract by the due date for payment, TDC may charge interest at the higher of either 3% above NatWest Bank plc base rate or the rate as set out in the Late Payments of Commercial Debts Regulations. Such interest shall accrue on a daily basis from the due date until actual payment of the overdue amounts, whether before or after judgement. You will pay the interest together with the overdue amount.
  • 9.4 Title to the Goods shall not pass to you until the earlier of:
    • 9.4.1 TDC receives payment in full (in cash or cleared funds):
    • 9.4.1.1 for the Goods; and
    • 9.4.1.2 for any other goods and services that TDC has supplied to you in respect of which payment has become due, in which case title to the Goods shall pass at the time of payment of all such sums; and
    • 9.4.2 you resell the Goods, in which case title to the Goods shall pass to you at the time specified in clause 6
  • 9.5 Without prejudice to clause 5, Goods returned to TDC without agreement or in a damaged condition will be rejected and returned to you at your cost.
    • 9.5.1 store the Goods separately from all other goods and ensure the Goods are readily identifiable as TDC’s property;
    • 9.5.2 not remove, deface or obscure any identifying mark or packaging on or relating to the Goods;
    • 9.5.3 maintain the Goods in satisfactory condition and keep them insured against all risks for their full price from the date of delivery;
    • 9.5.4 notify TDC immediately if it becomes subject to an Insolvency Event; and
    • 9.5.5 and TDC shall have the right (acting reasonably) to enter your premises or a third party’s premises where the Goods are stored to assess your compliance with clauses 9.5.1 to 9.5.5, in which case you agree to provide all cooperation and information reasonably requested by TDC give TDC such information relating to the Goods as TDC may require from time to time,
  • 9.6 Subject to clause 9.7, you may resell or use the Goods in the ordinary course of business (but not otherwise) before TDC receives payment for the Goods. If you resell the Goods before that time:
    • 9.6.1 you do so as principal and not as TDC’s agent; and
    • 9.6.2 title to the Goods shall pass from TDC to you immediately before the time at which you resell the Goods.
  • 9.7 If before title to the Goods passes to you, you become subject to an Insolvency Event then, without limiting any other right or remedy TDC may have:
    • 9.7.1 your right to resell the Goods or use them in the ordinary course of business ceases immediately; and
    • 9.7.2 TDC may at any time:
    • 9.7.2.1 require you to deliver up all Goods in your possession that have not been resold, or irrevocably incorporated into another product; and
    • 9.7.2.2 if you fail to do so promptly, enter any of your premises or any premises of a third party where the Goods are stored in order to recover them.
  • 9.8 TDC may, at its option, terminate your right to resell or use the Goods as set out in clause 9.6, in which case TDC shall have the right to enter any of your premises or any premises of a third party where the Goods are stored in order to recover them.

10. Delivery

  • 10.1 For delivery timescales please refer to clause 5.1.
  • 10.2 Risk of loss or damage to the Goods shall pass to you upon delivery whether or not the Goods have been paid for.
  • 10.3 Without prejudice to clause 13, damage to Goods must be noted at the time of delivery and claims must be notified to TDC within 14 days of delivery to you. Claims for non-delivery of Goods must be notified to Highfield within 7 days of the invoice date.
  • 10.4 Without prejudice to clause 13, faulty Goods will be accepted for return within 14 days of delivery to you if they are returned undamaged.
  • 10.5 Without prejudice to clause 13, Goods returned to TDC without agreement or in a damaged condition will be rejected and returned to you at your cost.
  • 10.6 Without prejudice to clause 13, proof of delivery of returned Goods must be retained by you. Returned videos obtained for preview should be sent by a first class recorded mail option.

11. Liability

  • 11.1 This clause sets out TDC’s entire liability to you.
  • 11.2 All warranties, conditions and other terms implied by statute or common law (save for the conditions implied by section 12 of the Sale of Goods Act 1979) are, to the fullest extent permitted by law, excluded from the Contract.
  • 11.3 Nothing in the Contract excludes or limits our liability:
    • 11.3.1 for death or personal injury caused by our negligence; or
    • 11.3.2 if applicable under section 2(3), Consumer Protection Act 1987; or
    • 11.3.3 for any matter which it would be illegal for Highfield to exclude or attempt to exclude its liability; or
    • 11.3.4 for fraud or fraudulent misrepresentation.
  • 11.4 Subject to clause 11.3:
    • 11.4.1 TDC’s total liability in contract (including pursuant to an indemnity) arising under or in connection with the Contract, whether in tort (including negligence), breach of statutory duty, misrepresentation, restitution or otherwise, shall be limited to a sum equal to the price paid or payable by you for the Goods; and
    • 11.4.2 we shall under no circumstances be liable to you for any pure economic loss, loss of profit, loss of business, loss of data, loss of revenue, depletion of goodwill or otherwise, in each case whether direct, indirect or consequential, or any claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with the Contract.

12. Refunds, Cancellation and Credit Notes

  • 12.1 The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (the ‘Consumer Contract Regulations’). If you are purchasing goods from us as a Consumer, the Terms of this Clause 13 will apply.
  • 12.2 You are entitled to a 14-day ‘cooling off’ period from the date you receive the Goods under the Consumer Contract Regulations, during which time you may return Goods purchased through the Website, subject to clause 12.3, for a refund or exchange, for any reason.
  • 12.3 If you wish to exercise your rights under the Consumer Contract Regulations, you can do so by informing us of your intentions in writing. Any refund will be limited to the cost of the Goods purchased. You must return the Goods to us within 14 Working Days of the date on which you notify us that you wish to cancel the Contract. You will be liable for all shipping costs incurred in returning the Goods to us. The Goods must be returned undamaged and unused. The Goods must be returned using a recorded and insured delivery service. Non-faulty items returned may be subject to a restocking fee.
  • 12.4 Your refund will be issued within 14 days of receipt of the undamaged, unused Goods. We reserve the right not to issue a refund if, upon inspection, the Goods are found to have been used or damaged in any way. This does not affect your statutory rights.
  • 12.5 In respect of Goods purchased within the European Economic Area, the right to cancel does not extend to any un-sealed audio or video recordings, computer software/files, personalised Goods or Goods made to a customer’s specification, perishable Goods and/or services and any copyright protected training materials including Digital Downloads.
  • 12.6 Except for the provisions of clauses 1 to 12.5 which only apply if you are a consumer, it is company policy not to issue cash refunds. Notwithstanding clauses 12.1 to 12.5 above, you may, with our prior written consent, return unused Goods and have your account credited by way of a credit note for future orders subject to the following conditions:
    • 12.6.1 the Goods must be in a good condition, unopened, unused and undamaged;
    • 12.6.2 you are able to provide us with the original invoice or proof of purchase;
    • 12.6.3 you are responsible for the cost of returning the Goods to us.
  • 12.7 Notwithstanding clause 12.6, we reserve the right to refuse to provide you with a credit note for any reason and may charge you an administrative fee for our reasonable costs incurred in arranging such credit note.
  • 12.8 When a credit note is issued it can be used to purchase any TDC product. If your credit note exceeds the purchase price of the good(s) you are purchasing no refund will be given for the unused portion of the credit note. Where your credit note is less than the purchase price of the good(s) you are purchasing, you must pay the outstanding balance. The credit note will be valid for 24 months from date of issue and then will lapse, along with any right you may have had to the sums to which it relates.
  • 12.9 It is important to keep your original credit note safe as copies will not be accepted. The credit note number reference must be presented prior to the point of purchase in order for the good(s) to be collected or delivered.

13. Termination

  • 13.1 TDC may terminate this Agreement immediately if: (i) the Customer is in material breach of the Contract and, if remediable, has not remedied the breach within 20 (twenty) days of service of a notice requiring remedy of such breach; (ii) the Customer ceases to trade or is unable to pay its debts, suspends or threatens to suspend payment of its debts or enters into an Insolvency Event.

14. Personal Information and Data Protection

  • 14.1 Please access our Privacy Policy for details as to how we use your personal data.
  • 14.2 We will process your personal data in accordance with the General Data Protection Regulation 2016 and the Data Protection Act 2018.
  • 14.3 Your credit/debit card details will be kept for the duration of the transaction for which they were supplied only. Upon satisfactory completion of the transaction, your credit/debit card details will be removed and destroyed. No record of them will be kept, electronically or otherwise.

15. Credit/Debit Card Payment

  • 15.1 The secure credit/debit card processing service for this site has been provided by NatWest Tyl. Your details may be transferred to Tyl for the sole purpose of processing any transactions you have instigated.
  • 15.2 Under no circumstances will your credit/debit card information passed on, sold or loaned to any third party. Your credit/debit card information is kept for the duration of the transaction in question only.
  • 15.3 You should ensure that you have established a secure connection before supplying any credit/debit card information. For more information on how to tell if you are viewing a secure or non-secure site, please see your browser’s documentation.

16. Assignment

  • 16.1 TDC may assign the Contract or any part of it to any person, firm or company.
  • 16.2 You shall not be entitled to assign the Contract or any part of it without the prior written consent of TDC.

17. Force majeure

  • 17.1 TDC reserves the right to defer the date of delivery or to cancel the Contract or reduce the volume of the Goods ordered by you (without liability to you) if it is prevented from or delayed in the carrying on of its business due to circumstances beyond the reasonable control of TDC, including, without limitation, acts of God, governmental actions, war or national emergency, acts of terrorism, protests, riot, civil commotion, fire, explosion, flood, epidemic, pandemic, lock-outs, strikes or other labour disputes (whether or not relating to either party’s workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials.
  • 17.2 If the event in question, as listed in 17.1 above, continues for a period in excess of 180 days, you shall be entitled to give notice in writing to TDC to terminate the Contract.

18. Communications
For the UK office:

  • 18.1 All communications between the parties about the Contract shall be in writing and delivered by hand or sent by pre-paid first class post or sent electronically:
    • 18.1.1 (in case of communications to TDC) to its registered office or such changed address as shall be notified to the Customer by TDC; or
    • 18.1.2 (in the case of the communications to the Customer) to the registered office of the addressee (if it is a company) or (in any other case) to any address of the Customer set out in any document that forms part of the Contract or such other address as shall be notified to TDC by the Customer.
  • 18.2 Communications shall be deemed to have been received:
    • 18.2.1 if sent by pre-paid first class post, two days (excluding Saturdays, Sundays and bank and public holidays) after posting (exclusive of the day of posting); or
    • 18.2.2 if delivered by hand, on the day of delivery; or (c) if sent electronically on a Working Day prior to 4.00pm, at the time of transmission and otherwise on the next Working Day.

19. General

  • 19.1 Each right or remedy of TDC under the Contract is without prejudice to any other right or remedy of TDC whether under the Contract or not.
  • 19.2 If any provision, clause or sub-clause of the Contract is found by any court, tribunal or administrative body of competent jurisdiction to be wholly or partly illegal, invalid, void, voidable, unenforceable or unreasonable it shall to the extent of such illegality, invalidity, voidness, voidability, unenforceability or unreasonableness, be deemed severable and the remaining provisions of the Contract and the remainder of such provision shall continue in full force and effect.
  • 19.3 Failure or delay by TDC in enforcing or partially enforcing any provision of the Contract shall not be construed as a waiver of any of its rights under the Contract.
  • 19.4 Any waiver by TDC of any breach of, or any default under, any provision of the Contract by the Customer shall not be deemed a waiver of any subsequent breach or default and shall in no way affect the other terms of the Contract.
  • 19.5 The parties to the Contract do not intend that any term of the Contract shall be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person that is not a party to it.
  • 19.6 The formation, existence, construction, performance, validity and all aspects of the Contract shall be governed by English law and the parties submit to the exclusive jurisdiction of the English courts.