Terms and Conditions

These Terms and Conditions apply to the order by you and supply of Services by us to you (“Contract”).  
This Contract applies to business customers only. You are a business customer if you are buying products wholly or mainly for use in connection with your trade, business, craft or profession, even if you are an individual.  

We may amend these Terms and Conditions from time to time. Every time you purchase our online courses, please check these Terms and Conditions to ensure you understand the terms that apply at that time.

1. Who We Are and How to Contact Us

1.1.        The Food and Drink Forum Limited (“we” and “us) is a private limited company registered in England and Wales under company number 03509690 and our registered office is at The Food and Drink Forum Limited, Business Centre, Southglade Food Park, Gala Way, Nottingham, NG5 9RG. Our VAT number is 706121086. We operate the website https://foodanddrink.learnworlds.com (“Website”).
1.2.        To contact us, please email us at enquiries@foodanddrinkforum.co.uk or telephone our customer service team on 0115 975 8810. How to give us formal notice of any matter under the Contract is set out in clause 20.

2. Website Accounts

2.1.        In order to procure Services on this Website, you are required to create an account on the Website (“Website Account”) which will contain certain personal details and any details required for the purchase of Services from this Website, including, but not limited to, credit / debit card numbers, bank account numbers and sort codes (“Payment Information”) which may vary based upon your use of the Website as we may not require Payment Information until you wish to make a purchase. By continuing to use this Website you represent and warrant that:
2.1.1.   all information you submit is accurate and truthful;
2.1.2.   you have permission to submit Payment Information where permission may be required; and
2.1.3.   you will keep this information accurate and up-to-date. Your creation of a Website Account is further affirmation of your representation and warranty.
2.2.       You must not share your username and password with any third party, and such information shall be treated as confidential. We accept no liability for any losses or damages incurred as a result of your Website Account details being shared by you. If you use a shared computer, it is recommended that you do not save your Website Account details in your internet browser. 2.3.        If you have reason to believe that your Website Account details have been obtained by another person without consent, you should contact us immediately to suspend your Website Account and cancel any unauthorised orders or payments that may be pending. Please be aware that orders or payments can only be cancelled up until provision of Services has commenced.

3. Termination and Cancellation of Website Accounts

3.1.        Either we or you may terminate your Website Account. If we terminate your Website Account, you will be notified by email.
3.2.        For the avoidance of doubt, if, in our reasonable opinion, we deem you to be in breach of clause 2.2 or you fail to notify us in accordance with clause 2.3, we may, at our discretion, terminate your Website Account.
3.3.        If we terminate your Website Account, any current or pending orders or payments on your Website Account will be cancelled and provision of Services will not commence.

4. Services, Pricing and Availability

4.1.        Whilst every effort has been made to ensure that all general descriptions of Services available from The Food and Drink Forum correspond to the actual Services that will be provided to you, we are not responsible for any variations from these descriptions as the exact nature of the Services may vary depending on your individual requirements and circumstances. This does not exclude our liability for mistakes due to negligence on our part and refers only to variations of the correct Services, not different Services altogether. Please refer to sub-Clause 8.3 for incorrect Services.
4.2.        We do not guarantee that the Website, or any Services on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our site for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.

5. Our Contract to you

5.1.        These Terms and Conditions apply to the exclusion of any other terms that you seek to impose or incorporate, or which are implied by law, trade custom, practice or course of dealing. 
5.2.        The Contract is the entire agreement between you and us in relation to its subject matter. You acknowledge that you have not relied on any statement, promise or representation or assurance or warranty that is not set out in the Contract.

6. Orders

6.1.        Please follow the onscreen prompts to place your order. You may only submit an order using the method set out on the Website. Each order is an offer by you to buy the online courses specified in your order (“Services") subject to these Terms and Conditions.
6.2.       Our acceptance of your order is indicated by us sending to you an order confirmation email (“Order Confirmation”) to accept it. Only once we have sent you your Order Confirmation will the Contract between The Food and Drink Forum and you come into existence. The Contract will relate only to those Services confirmed in the Order Confirmation.
6.3.       Order Confirmations under sub-Clause 6.2 will be sent to you before the Services begin and shall contain the following information:
6.3.1.   Confirmation of the Services ordered including full details of the main characteristics of those Services;
6.3.2.   Fully itemised pricing for the Services ordered including, where appropriate, taxes, delivery and other additional charges;
6.3.3.   Relevant times and dates for the provision of the Services;
6.3.4.   User credentials and relevant information for accessing those Services.
6.4.       If we, for any reason, do not accept your order, we will inform you of this and no payment shall be taken under normal circumstances. In any event, any sums paid by you for the Services in relation to that order will be refunded in full to the method you used for payment.

7. Charges and Payment

7.1.        In consideration of us providing the Services you must pay our charges (“Charges”) in accordance with this clause.
7.2.        The Charges are the prices quoted on our Website at the time you submit your order.
7.3.        If you wish to change the scope of the Services after we accept your order, and we agree to such change, we will modify the Charges accordingly.
7.4.        We take all reasonable care to ensure that the prices stated for the Services are correct at the time when the relevant information was entered into the system. However, please see clause 7.6 for what happens if we discover an error in the price of the Services ordered.
7.5.        Our Charges may change from time to time, but changes will not affect any order you have already placed.
7.6.        It is always possible that, despite our reasonable efforts, some of the Services on our site may be incorrectly priced. Where the correct price for the Services is less than the price stated on our Website, we will charge the lower amount and if the correct price for the Services is higher than the price stated on our Website, we will contact you as soon as possible to inform you of this error and we will give you the option of continuing to purchase the Services at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. However, if we mistakenly accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may cancel supply of the Services and refund you any sums you have paid.
7.7.        Payment for the Services is in advance. We will take your payment upon acceptance of your order.
7.8.        You can pay for the Services using a debit card or credit card.
7.9.        An electronic invoice will be available to you in your Website Account following payment.

8. Our Services

8.1.        We aim to fulfil your Order immediately or if not, within a reasonable period following your Order, unless there are exceptional circumstances. If we cannot fulfil your Order within a reasonable period, we will inform you at the time you place the Order by a note on the relevant web page or by contacting you directly after you place your Order. Time is not of the essence of the Contract, which means we will aim to fulfil your Order within any agreed timescales but this is not an essential term of the Contract, and we will not be liable to you if we do not do so.
8.2.        The Food and Drink Forum shall use all our reasonable endeavours to provide the Services with reasonable skill and care, commensurate with best trade practice.
8.3.        In the event that Services are provided that are not in conformity with your order and thus incorrect, you should contact us immediately to inform us of the mistake. We will ensure that any necessary corrections are made within five (5) working days.
8.4.        Additional terms and conditions may apply to the provision of certain Services. You will be asked to read and confirm your acceptance of any such terms and conditions when completing your Order.

9. Cancellation of orders and services

9.1.        We want you to be completely satisfied with the Services you order from The Food and Drink Forum. If you need to speak to us about your Order, then please contact customer care on 0115 975 8810, or by email at enquiries@foodanddrinkforum.co.uk or write to us at our address (see clause 1 above).
9.2.        You may cancel an Order that we have accepted or cancel the Contract pursuant to this clause but such cancellation must occur before you access the Services.
9.2.1.     If you cancel the Services after you have accessed the Services you will still be required to pay for the Services and will not be entitled to a refund.
9.3.        Refunds, where applicable, will be issued to the method you used for payment after you inform us that you wish to cancel.
9.4.        We may cancel an Order that we have accepted without refund if, in our reasonable opinion, we deem you to be in breach of clause 14.3. This clause does not limit our other rights or remedies for breach of contract.

10. Your Obligations

10.1.        It is your responsibility to ensure that: 10.1.1.    The terms of your order are complete and accurate;
10.1.2.    You cooperate with us in all matters relating to the Services;
10.1.3.    You provide us with such information and materials we may reasonably require in order to supply the Services and ensure that such information is complete and accurate in all material respects.

11. Privacy and Cookies

Use of the Website is also governed by our Privacy Policy (foodanddrink.learnworlds.com/privacy) and our Cookie Policy (foodanddrink.learnworlds.com/cookies) which are incorporated into these Terms and Conditions by this reference. To view the Privacy Policy and Cookie Policy, please click on the links above.

12. How We Use Your Personal Data (Data Protection)

12.1.       We may use any personal information you provide to us to:
12.1.1.    Provide the Services to you;
12.1.2.    Process your payment for the Services; and
12.1.3.    Inform you of new products or services available from us. You may request that we stop sending you this information at any time.
12.2.       We will process your personal information in accordance with our Privacy Policy (see clause 11), the terms of which are incorporated into this Contract.

13. Changes to these Terms and Conditions

We reserve the right to change the Website, its content or these Terms and Conditions at any time. You will be bound by any changes to the Terms and Conditions from the first time you use the Website following the changes. Every time you wish to use our site, please check these terms to ensure you understand the terms that apply at that time. If we are required to make any changes to these Terms and Conditions by law, these changes will apply automatically to any orders currently pending in addition to any orders placed by you in the future.

14. Intellectual Property Rights

14.1.    All intellectual property rights in or arising out of or in connection with the Services (“Intellectual Property Rights”) will be owned by us. 14.2.    We agree to grant you a fully paid-up, worldwide, non-exclusive, royalty-free licence during the term of the Contract to copy the deliverables specified in your Order for the purpose of receiving and using the Services and such deliverables in your business. You may not sub-license, assign or otherwise transfer the rights granted in this clause 14.2.
14.3.    Subject to clause 14.2, the reproduction or transmission of all or any of the Intellectual Property Rights, whether by photocopying or storing in any medium by electronic means or otherwise, without the written permission of us is prohibited. 

15. Limitation of Liability YOUR ATTENTION IS PARTICULARLY DRAWN TO THIS CLAUSE

15.1.    Subject to clause 15.9, we accept no liability to you, whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, under or in connection with the Contract for:
15.2.    loss of profits;
15.3.    loss of sales or business;
15.4.    loss of agreements or contracts;
15.5.    loss of use or corruption of software data or information;
15.6.    loss of or damage to goodwill; and
15.7.    any indirect or consequential loss.
15.8.    Subject to clause
15.9, our total liability to you arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, will be limited to 100% of the total Charges paid under the Contract. 15.9.    Nothing in these Terms and Conditions excludes or restricts our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; and breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession).
15.10. Nothing in these Terms and Conditions limits or affects the exclusions and limitations set out in our Website Terms and Conditions of Use.
15.11. This clause will survive termination of the Contract.

16. Severability

In the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these Terms and Conditions and shall not affect the validity and enforceability of the remaining Terms and Conditions. This term shall apply only within jurisdictions where a particular term is illegal.

17. No Waiver

In the event that any party to the Contract fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.

18. Previous Terms and Conditions

In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.

19. Third Party Rights

Nothing in these Terms and Conditions shall confer any rights upon any third party. The Contract is between you and The Food and Drink Forum. No other person has any rights to enforce any of its terms.

20. Communications

20.1.    All notices / communications shall be given to us either by post to our registered office address (see address at clause 1.1 above) or by email to enquiries@foodanddrinkforum.co.uk. Such notice will be deemed received 3 business days after posting if sent by pre-paid first-class post and, if sent by email, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.
20.2.    We may from time to time, if you opt to receive it, send you information about our products and/or services. If you do not wish to receive such information, please click on the ‘Unsubscribe’ link in any email which you receive from us.
20.3.    The provisions of this clause will not apply to the service of any proceedings or other documents in any legal action.

21. No Waiver

21.1.    We may assign or transfer our rights and obligations under the Contract to another entity.
21.2.    You may only assign or transfer your rights or your obligations under the Contract to another person if we agree in writing.

22. Governing Law and Jurisdiction

This Contract shall be governed by and construed in accordance with the laws of England and Wales and you agree to submit all disputes arising out of or in connection with the Contract to the exclusive jurisdiction of the English courts.


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