Terms & conditions

Last revised: 14th September 2016

NOTE THAT CLAUSES 11 AND 12 LIMIT AND EXCLUDE OUR LIABILITY

These terms and conditions (together with our Terms of use and Privacy policy) tell you information about us and the legal terms and conditions (these terms) on which we sell you any of the courses available (Courses) on our website (this site).

These terms will apply to any contract for the sale of a Course to you (Contract). Please read these terms carefully and make sure that you understand them, before ordering from this site. Please note that before placing an order you will be asked to agree to these terms. If you refuse to accept these terms, you will not be able to order from this site.

You should print a copy of these terms or save them to your computer for future reference.
We amend these terms from time to time as set out in clause 3. Every time you wish to order a Course, please check these terms to ensure you understand the terms which will apply at that time.

These terms, and any Contract between us, are only in the English language.

1. INFORMATION ABOUT US AND COMMUNICATIONS BETWEEN US

This site is operated on behalf of the National Association of Cycle Traders Limited by ActSmart, a division of C 2 Zero Ltd (we, us or our). We are a limited company registered in England Wales whose registered office is 2nd Floor, Hygeia House, 66 College Road, Harrow, Middlesex HA1 1BE. Our company registration number is 5121702 and our VAT registration number is 839636580.

If you are a consumer, you may contact us for any reason, including complaints, by telephone on 01273 427 700, by e-mailing us at info@cytech.training or writing to us at Cytech, PO Box 5110, Hove BN52 9EB. Complaints may also be submitted through the EU's Online Dispute Resolution platform.

If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us when you register.

If you are a business, you may contact us by telephone on 01273 427 700, by e-mailing us at info@cytech.training or writing to us at PO Box 5110, Hove BN52 9EB. Notice of any formal matter under these terms must be given in accordance with clause 15.

2. TERMS OF USE AND PRIVACY POLICY

Our Terms of use govern your use of this site. We only use your personal information in accordance with our Privacy policy. Please take the time to read these, as they include important terms which apply to you.

3. OUR RIGHT TO VARY THESE TERMS

We may amend these terms from time to time. Please look at the top of this page to see when these terms were last updated and which terms were changed. The terms in force at the time of your order will apply to the resultant Contract.

We may revise these terms as they apply to your order from time to time to reflect changes in relevant laws and regulatory requirements. We will contact you to give you reasonable advance notice of the changes and let you know how to cancel the Contract (and get a full refund) if you are not happy with the changes.

4. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US

You will be guided through the steps you need to take to place an order with us. Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.

After you place an order, you will receive an e-mail from us confirming your order (Order Confirmation). This constitutes acceptance of your order and the Contract will only be formed when we send you the Order Confirmation.

If we are unable to supply you with a Course, for example because of an error on this site, we will inform you of this by e-mail and we will not process your order. If you have already paid for the Course, we will refund you the full price.

5. BUSINESS CUSTOMERS

You confirm that you have authority to bind any business on whose behalf you use this site to purchase Courses. You are responsible for the compliance with our Terms of use by any candidate whom you register on this site and confirm that you have the authority to supply and allow us to process the personal data of any such candidate in accordance with our Privacy policy .

Courses are non-refundable and you may not cancel a Contract after we have sent you the Order Confirmation (except as provided in these terms).

If you purchase a Course, unless you ask us not to, we will share your details with our partner service providers so that they may contact you about services that we feel could benefit your business.

These terms and our Privacy policy and Terms of use constitute the entire agreement between you and us and supersede and extinguish all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to their subject matter. You acknowledge that in entering into a Contract you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these terms or our Privacy policy and Terms of use. You and we agree that neither of us shall have any claim for innocent or negligent misrepresentation or negligent misstatement.

6. CONSUMER CUSTOMERS

You are a consumer customer if you are an individual acting for purposes that are wholly or mainly outside your trade, business, craft or profession. In essence, you are only a consumer customer where you purchase a Course wholly or mainly for your own personal purposes. For example, if you purchase a Course as the first step in your training to become a cycle technician (being a trade), you will be a business customer.

If you purchase a Course, unless you ask us not to, we will share your details with our partner service providers so that they may contact you about services that we feel could benefit you.

7. YOUR CONSUMER RIGHT OF RETURN AND REFUND

This clause 7 only applies if you are a consumer.

If you are a consumer, you have a legal right to cancel a Contract under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 during the period starting from the date of the Order Confirmation (the date on which we e-mail you to confirm our acceptance of your order) and ending 14 days from the date of the Order Confirmation. This would mean that during the 14-day period, if you change your mind or decide for any other reason that you do not want to receive a Course, you can notify us of your decision to cancel the Contract and receive a refund. Advice about your legal right to cancel the Contract is available from your local Citizens' Advice Bureau or Trading Standards office.

However, if you access the Course within the 14 days following your order, you expressly consent to the supply of the Course before the end of the 14-day cancellation period and acknowledge that the right to cancel will be lost once you have accessed the Course or the supply has otherwise begun.

To cancel a Contract (before you have accessed the Course or the supply has otherwise begun), you just need to let us know that you have decided to cancel. The easiest way to do this is to e-mail us at info@cytech.training, giving your name and order details, and stating your wish to cancel.

You can also cancel the Contract by sending this form to us. Instructions on how to send it to us may be found on the form. A link to the website cancellation form will be included in our Order Confirmation.

If you cancel your Contract we will refund you the price you paid for the Course on the credit card or debit card or to the Paypal account you used to pay. We will do so as soon as possible and in any event within 14 days after the day on which you inform us of your decision to cancel the Contract.

8. COURSES AND DELIVERY

Information on the Courses, including the different modules, may be found on this site. Courses are available only in the English language.

Once you receive an Order Confirmation, the Course you have purchased will be available for a period of 60 days through your user account, or through the user account of the candidate for whom you purchased the Course, on this site (with the log-in details provided in the Order Confirmation). During that time, you (or the relevant candidate) will have online access to the Course materials (without the ability to download) to enable you (or them) to study each module of that Course and the multiple choice questions to be answered for the assessment of those modules.

If you (or the candidate) give any incorrect answers to a particular module's questions, these will be highlighted when that module is completed. There is unlimited opportunity to re-visit the materials for that module and attempt to re-answer its questions correctly during the 60-day period.

All multiple choice questions must be answered correctly within the 60-day period to pass a Course. All successful candidates will receive an electronic certificate of achievement for that Course (delivered by e-mail) and their details will be entered into the Cytech directory, the official listing of all Cytech qualified technicians.

9. PRICE OF COURSES

The price of any Course will be as quoted on this site at the time you submit your order. Prices may change from time to time, but changes will not affect any order you have already placed.

The price of a Product includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being.

10. PAYMENTS

Your payment for a Course will be taken at the time you place your order. Payment may be made via secure check-out pages using Global Iris, SagePay and PayPal who take Visa, Visa Electron, MasterCard, Switch / Maestro cards. Card charges will appear on your statement as ‘C2Z t/a ActSmart'. Global Iris are OCI compliant.

11. OUR LIABILITY IF YOU ARE A BUSINESS

This clause 11 only applies if you are a business customer.

We only supply the Courses for your business use, for example in your training as a cycle technician or for the training of prospective, new or existing cycle technicians by your business, and you agree not to resell any Course.

Nothing in these terms excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.

WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF STATUTORY DUTY, OR OTHERWISE, EVEN IF FORESEEABLE, ARISING UNDER OR IN CONNECTION WITH ANY CONTRACT, FOR:

  • LOSS OF PROFITS, SALES, BUSINESS, OR REVENUE;
  • LOSS OR CORRUPTION OF DATA, INFORMATION OR SOFTWARE;
  • BUSINESS INTERRUPTION;
  • LOSS OF ANTICIPATED SAVINGS;
  • LOSS OF BUSINESS OPPORTUNITY, GOODWILL OR REPUTATION; OR
  • ANY INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE.

SUBJECT TO THE ABOVE, OUR TOTAL LIABILITY IN RESPECT OF ALL LOSSES ARISING UNDER OR IN CONNECTION WITH ANY CONTRACT, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF STATUTORY DUTY, OR OTHERWISE, SHALL IN NO CIRCUMSTANCES EXCEED THE PRICE PAID FOR THE COURSE UNDER THE RELEVANT CONTRACT.

EXCEPT AS EXPRESSLY STATED IN THESE TERMS, WE DO NOT GIVE ANY REPRESENTATION, WARRANTIES OR UNDERTAKINGS IN RELATION TO THE COURSES. ANY REPRESENTATION, CONDITION OR WARRANTY WHICH MIGHT BE IMPLIED OR INCORPORATED INTO THESE TERMS BY STATUTE, COMMON LAW OR OTHERWISE IS EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW. IN PARTICULAR, WE WILL NOT BE RESPONSIBLE FOR ENSURING THAT ANY COURSE IS SUITABLE FOR YOUR PURPOSES.

12. OUR LIABILITY IF YOU ARE A CONSUMER

This clause 12 only applies if you are a consumer.

We do not in any way exclude or limit our liability for death or personal injury caused by our negligence or fraud or fraudulent misrepresentation.

IF WE FAIL TO COMPLY WITH THESE TERMS, WE ARE RESPONSIBLE FOR LOSS OR DAMAGE YOU SUFFER THAT IS A FORESEEABLE RESULT OF OUR BREACH OF THESE TERMS OR OUR NEGLIGENCE, BUT WE ARE NOT RESPONSIBLE FOR ANY LOSS OR DAMAGE THAT IS NOT FORESEEABLE. LOSS OR DAMAGE IS FORESEEABLE IF IT IS AN OBVIOUS CONSEQUENCE OF OUR BREACH OR IF IT WAS CONTEMPLATED BY YOU AND US AT THE TIME WE ENTERED INTO THIS CONTRACT.

WE ONLY SUPPLY THE COURSES FOR DOMESTIC AND PRIVATE USE. YOU AGREE NOT TO USE THE PRODUCT FOR ANY COMMERCIAL, BUSINESS OR RESALE PURPOSES, AND WE HAVE NO LIABILITY TO YOU FOR ANY LOSS OF PROFIT, LOSS OF BUSINESS, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS OPPORTUNITY.

13. EVENTS OUTSIDE OUR CONTROL

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by any act or event beyond our reasonable control.

If such an event takes place that affects the performance of our obligations under a Contract, we will contact you as soon as reasonably possible to notify you and our obligations under the contract will be suspended and the time for performance of our obligations will be extended for the duration of the event. You may cancel a contract (by contracting us) affected by such an event which has continued for more than 14 days.

14. COMMUNICATIONS BETWEEN US

When we refer, in these terms, to "in writing", this will include e-mail.

If you are a consumer you may contact us as described in clause 1.

If you are a business:
(a) Any notice or other communication given by you to us, or by us to you, under or in connection with the Contract shall be in writing and shall be delivered personally, sent by pre-paid first class post or other next working day delivery service or e-mail;
(b) A notice or other communication shall be deemed to have been received: if delivered personally, when left at our registered office; if sent by pre-paid first class post or other next working day delivery service, at 9.00 am on the second working day after posting or if sent by e-mail, one working day after transmission;
(c) In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that it was properly addressed, stamped and placed in the post and, in the case of an e-mail, that it was sent to the specified e-mail address of the addressee.

The provisions of this clause 14 shall not apply to the service of any proceedings or other documents in any legal action.

15. OTHER IMPORTANT TERMS

Any notice or other communication from one of us to the other shall be in writing and shall be delivered personally, sent by pre-paid first class post or other next working day delivery service or e-mail. It shall be deemed to have been received: if delivered personally, when left at the relevant address; if sent by pre-paid first class post or other next working day delivery service, at 9.00 am on the second working after posting or if sent by e-mail, one working day after transmission. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee. This paragraph shall not apply to the service of any proceedings or other documents in any legal action.

We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these terms. You may only transfer your rights or your obligations under these terms to another person if we agree in writing.

The Contract is between you and us. No other person shall have any rights to enforce any of its terms.

If any provision or part-provision of these terms is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this paragraph shall not affect the validity and enforceability of the rest of these terms.

If we fail to insist that you perform any of your obligations under these terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

16. GOVERNING LAW

If you are a consumer, please note that these terms are governed by English law. This means a Contract and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland. A consumer may also submit a complaint through the EU's Online Dispute Resolution platform but this shall not prevent the parties commencing or continuing court proceedings in relation to any matter.

If you are a business, a Contract and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales. We both irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with a Contract or its subject matter or formation (including non-contractual disputes or claims).