CPD Seminar Terms and Conditions

PSL online seminars
Terms and Conditions

The following terms and conditions apply for subscription to PSL online seminars.

1. Defined terms

PSL: Property PSL Ltd.
the Subscriber: the person, firm, corporation or other organisation entering into an agreement with PSL by accepting these terms of use, and who will be entitled to participate in a PSL online seminar.
Fee: the fee for the Services, the amount of which is published from time to time on the PSL Website, and is specified in the PSL invoice and/or emailed joining invitation.
Services: the PSL online seminar (together with the Seminar Materials) identified in the PSL invoice and/or emailed joining invitation.
PSL online seminar: the interactive online seminar.
PSL Website: www.propertypsl.co.uk and www.propertypsl.com
Seminar Materials: all documentation, handouts, notes, questions, presentations and any other material supplied with or made available as part of the PSL online seminar.

2. Agreement and permission to use the Services

2.1 On receipt of a request for attendance at a PSL online seminar, PSL will supply confirmation of the Subscriber’s reservation within three days of receipt, together with a link to these terms and conditions.

2.2 The Subscriber will be invited by email to accept a place on a PSL online seminar by return of email. This will constitute agreement between PSL and the Subscriber, whereupon the Subscriber agrees to pay to PSL the Fee, and subject to these terms and conditions, PSL agrees to grant to the Subscriber access to the PSL online seminar.

2.3 The Subscriber will pay the Fee prior to date of the PSL online seminar by way of cheque in settlement of the PSL invoice or BACs payment to an account nominated by PSL.

3. Access to the PSL online seminar

3.1 Access granted to the Subscriber to participate in the PSL online seminar is conditional upon payment of the Fee prior to the PSL online seminar.

3.2 No later than 48 hours prior to the commencement of the PSL online seminar, PSL will send to the Subscriber an email containing joining instructions for the PSL online seminar, together with login details and password, to access the live PSL online seminar.

3.3 Access to the PSL online seminar pursuant to this agreement is restricted to the Subscriber only. The Subscriber consents to PSL monitoring the number of computers which access the live online PSL online seminar and the IP addresses in order to ensure that the access URL has not been distributed beyond those entitled to view the live online PSL online seminar pursuant to these terms and conditions.

3.4 Total access to PSL online seminars is limited in numbers. PSL has the right to close bookings for a seminar at any time before the advertised day of the PSL online seminar. However, in such circumstances, PSL will use its best endeavours to offer an alternative time on the same day, or an alternative date for attendance at that particular seminar.

3.5 Access to PSL online seminars is dependent upon the Subscriber joining the seminar within the 30 minutes prior to the specified start time. To ensure smooth running of the PSL online seminar, PSL may have to block the Subscriber’s access to the PSL online seminar if the Subscriber attempts to join in the PSL online seminar after the specified commencement time. In such circumstances, PSL is not obliged to refund the Fee.

3.6 If the Subscriber uses a telephone conference facility to listen to the PSL online seminar, the Subscriber is responsible for all costs, charges and expenses, including mobile phone charges. The Fee does not include these costs.

3.7 PSL will use its best endeavours to ensure that the PSL online seminar takes place at the advertised date and time. If, owing to circumstances beyond its control, the PSL online seminar does not take place at the scheduled time, or is cancelled, PSL’s liability is limited to a refund of the Fee. PSL reserves the right to offer an alternative time and/or date for the PSL online seminar instead of refunding the Fee.

3.8 If PSL offers an alternative PSL online seminar to replace a cancelled seminar, the Subscriber may select to participate in the alternative PSL online seminar at no extra cost on the condition that the Subscriber elects to do so by email to PSL.

4. Access to services

4.1 Access to the PSL online seminar is dependent upon the configuration and capability of the Subscriber’s own computer, network and internet connection.

4.2 PSL has no liability, and is not obliged to waive the Fee, if the Subscriber cannot access the PSL online seminar due to firewalls, other hardware or software issues within the Subscriber’s organisation or failure of any system used by the Subscriber.
The instructions for joining the PSL online seminar will include a link to a test page so that the Subscriber can test in advance whether the Subscriber’s systems can receive the live online PSL online seminar. It is the Subscriber’s responsibility to check that the Subscriber can receive the online live PSL online seminar.

4.3 The quality of the audio, video and Services will depend on the total usage of line by the Subscriber at the actual time of the PSL online seminar and no warranty is given.

4.4 The Subscriber will receive a link to the recording of the live online PSL online seminar after the live event which will be available to view online for a period of 30 days.

4.5 Where the Subscriber views a recording of a live PSL online seminar, the Subscriber acknowledges that the content of the recorded seminar is historic. Without prejudice to the operation of paragraph 8, PSL is not liable to update the content in the recording.

4.5 Any password and login details issued by PSL is personal and confidential to the Subscriber. If the password is used by anyone other than the Subscriber, the password and login details may be cancelled without notice.

5. Responsibilities

5.1 The Subscriber acknowledges that:
the PSL online seminar does not provide or constitute legal advice on any specific case, situation or matter;
the PSL online seminar does not provide a complete or definitive statement of the law or practice on any particular subject;

5.2 It is the responsibility of the Subscriber to ensure that the Property PSL Services and their mode of delivery are compatible with the Subscriber’s software or computer configuration.

5.3 The Subscriber agrees to take all reasonable steps to ensure that it complies with these terms of use of the PSL online seminar and in particular does not:
copy, print out, extract or otherwise reproduce any materials relating to part of the Services, except as permitted by these terms of use, or as otherwise authorised by PSL in writing;
make any part of the Services available to any other person, except as permitted under this agreement or authorised by PSL in writing;
purport to assign or otherwise dispose of its rights under this agreement.

6. Copyright

The Subscriber acknowledges and agrees that PSL owns all intellectual property rights in the Services. Except as expressly stated in this agreement, this agreement does not grant any intellectual property rights or licences in respect of the Services or any related documentation.

7. Transfer or cancellation

7.1 If the Subscriber wishes to transfer to another live online PSL online seminar, an administration fee of £20 will be levied. This is subject to agreement of PSL and availability of places on the alternative PSL online seminar. Transfers cannot be permitted after the date of the original PSL online seminar.

7.2 The Subscriber may cancel its booking on the condition that it gives prior notice in writing to PSL which notice should be received at least 3 working days before the PSL online seminar. In such circumstances the Fee will be refunded less a £20 administration charge.

8. Liability

8.1 This paragraph sets out the financial liability of PSL to the Subscriber in respect of:
any breach of this agreement;
any use made by the Subscriber of the Services or any part of them; and
any representation, statement, act or omission arising in connection with the provision of the Services.

8.2 Except as expressly provided in these terms of use:
PSL is not liable for any loss of profits, loss of business, depletion of goodwill and/or similar losses or pure economic loss, or for any consequential loss, costs, damages, or expenses however arising in connection with the use of the Services; and
the total aggregate liability of PSL to the Subscriber arising in connection with the use of the Services is limited to the Fee.

8.3 PSL has no liability if it is prevented from or delayed in performing its obligations under the agreement or from carrying on business by acts, events, omissions or accidents beyond its reasonable control, including without limitation default of sub-contractors, strikes, lock-outs or other industrial disputes, failure of a utility service or transport or communications network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood or storm.

8.4 Nothing in these terms of use seeks to exclude or limit liability for fraud or fraudulent misrepresentation, or for death or personal injury.

9. General

9.1 The rights provided under this agreement are granted to the Subscriber only. The Subscriber may not, without the prior written consent of PSL, assign, transfer, charge, sub-contract or deal in any other manner with all or any of its rights or obligations under this agreement.

9.2 This agreement is not intended to benefit anyone other than the parties to it and, in particular, no term of this agreement shall be enforceable under the Contracts (Rights of Third Parties) Act 1999 by a third party.

9.3 If any provision (or part of a provision) of this agreement is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions shall remain in force.

9.4 If any invalid, unenforceable or illegal provision would be valid, enforceable or legal if some part of it were deleted, the provision will apply with whatever modification is necessary to give effect to the commercial intention of the parties.

9.5 These terms of use, and the Fee invoice constitute the entire agreement and understanding of the parties. Each of the parties acknowledges that it has not relied upon on, and has no remedy in respect of, any statement, representation, warranty or understanding of any person (whether party to this agreement or not) other than one that is as expressly set out in this agreement.

9.6 Use of the Services, and these terms of use, are governed by English law.
Details of the PSL privacy policy can be viewed at http://www.propertypsl.co.uk/privacy/

February 2010
(Version 1.0)