WABBA Qualifications Terms and Conditions
for Use of the Website and the Supply of Goods and Services
("Terms of Use")

1. Application of these Terms of Use

1.1 These Terms of Use govern your use of the WABBA Qualifications website ("the Website"), your relationship with WABBA Qualifications ("WABBA, we or us") and the sale and supply of any goods or services through the Website. Please read them carefully as they affect your rights and liabilities under the law.

1.2 By accessing any part of the Website you shall be deemed to have accepted these Terms of Use in full. If you do not accept the Terms of Use, you should not use the Website.

1.3 In order to place an order for any of the goods and services available on the Website, you must first confirm that you have read and agreed these Terms of Use where you are required to do so. In certain cases you may also be required to complete a questionnaire and or provide other information to us.

1.4 Subject to any variation under condition 2 any contract between us for the sale and supply of goods or services shall be on these conditions (and, where applicable, the Privacy Policy) to the exclusion of all other terms and conditions (including any terms and conditions which you may purport to apply under any purchase order, confirmation of order, specification or other document).

1.5 These conditions apply to your use of the Website and to all sales that we may make to you and to any variation to these Terms of Use. Any representations about the goods and services shall have no affect unless expressly agreed in writing and signed by the director of training for WABBA Qualifications. You acknowledge that you have not relied on any statement, promise or representation made or given by or on behalf of us which is not set out in these Terms of Use. Nothing in this condition shall exclude or limit our liability for fraudulent misrepresentation.

2. Amendments

2.1 We reserve the right, at our sole discretion, to amend these Terms of Use, the Website and any related policies at any time. You will be subject to the terms and policies in force at the time that you use the Website or that you order goods or services from us and you should therefore check the Website from time to time to review the then current terms. Certain provisions of the Terms of Use or Privacy Policy may be superseded from to time by expressly designated legal notices or terms located on particular pages of the Website.

2.2 If you do not wish to accept any revised terms or policies you should not continue to use the Website. If you continue to use the Website after the date upon which a change comes into affect, your use of the Website indicates your agreement to be bound by the new terms.

3. License for access to the Website

3.1 Unless otherwise stated, the copyright and other intellectual property rights in all materials on this Website are owned by Alan Runacres and or WABBA Qualifications. Any use of extracts from this Website other than in accordance with the following provisions of this condition is prohibited. If you breach any of the conditions in these Terms of Use, your permission to use the Website automatically terminates and you must immediately delete any downloaded content from the Website.

3.2 WABBA Qualifications grants you a limited license to access and make personal use of the Website, but not to download (other than page caching) or modify it, or any portion of it, except with the express written consent of WABBA Qualifications.

3.3 This license does not extend to any resale or commercial use of the Website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Website or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools.

3.4 You may use information on WABBA Qualifications products and services (such as data and information sheets and knowledge based articles and similar materials) purposely made available by WABBA Qualifications for downloading from the Website provided that you do not:
(a) remove any proprietary notices from such documentation;
(b) copy or post such information on any networked computer or broadcast it in any media;
(c) make any modifications to any such information; or
(d) make any additional representations or warranties relating to such documents or information.

3.5 This license does not extend to any resale or commercial use of the Website or its contents; any collection or use of any product or service listings, descriptions, or prices; any derivative use of the Website or its contents; any downloading or copying of account information for the benefit of any other business; or any use of data mining, robots, or similar data gathering and extraction tools.

3.6 Except as expressly provided no part of the Website or its content may be reproduced, duplicated, copied, sold, resold, visited, publicly displayed or otherwise exploited for any commercial purpose without our express written consent. You may not use the Website or any content for any purpose that is unlawful or prohibited by these Terms of Use or to solicit the performance of any unlawful activity or other activity which infringes the rights of WABBA Qualifications or Alan Runacres. Without limitation to the generality of the foregoing you may not (without our express written consent):
(a) frame or use framing techniques to enclose any trade mark, logo, or other proprietary information (including images, text, page layout, or form) of WABBA Qualifications or Alan Runacres;
(b) use any meta tags or any other "hidden text" utilising WABBA Qualifications names or trademarks.
(c) use any "deep-link", "page-scrape", "robot", "spider", or other automatic device, programme or other process to access acquire copy or monitor any portion of the Website or any content or in any way reproduce or circumvent the navigational structure or presentation of the Website or any content in order to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website;
(d) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website or any systems or networks connected to it;
(e) use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on it or with any other person’s use of the Website;
(f) attempt to gain unauthorised access to any portion or feature of the Website or any other systems or networks connected to it or to any of the services offered on or through the Website by hacking, password "mining", or any other unlawful means;
(g) use any means to disguise the origin of any message or transmission that you send to WABBA Qualifications on or through the Website or any service offered on or through the Site;
(h) pretend that you are or that you represent someone else or impersonate any other individual or entity; or
(i) probe, scan or test the vulnerability of the Website or breach the security or authentication measures on the Website.

3.7 You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the Welcome page of the Website as long as the link does not portray WABBA Qualifications or its products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Trainsmart logo or other proprietary graphic or trademark as part of the link without our express written consent.

4. Availability of the Website

We will endeavor to ensure that availability of the Website will be uninterrupted and that transmissions will be error-free. However, due to the nature of the Internet, this cannot be guaranteed. Your access to the Website may also be occasionally suspended or restricted without notice in order to allow for repairs, maintenance, the introduction of new facilities or services, or for other reasons beyond our control. We will attempt to limit the frequency and duration of any such suspension or restriction. We will not be liable if for any reason the Website is unavailable at any time or for any period.

5. Accounts, passwords and security

5.1 Certain features or services offered on or through the Website may require you to register with us or to otherwise provide relevant details (including setting up a user ID and password). You will be responsible for maintaining the confidentiality of your account and password and for restricting access to your computer to prevent unauthorised access to your account. You agree to accept responsibility for all activities that occur under your account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner. You may be held liable for losses incurred by WABBA Qualifications and or Alan Runacres and any other user of the Website due to some other party using your ID, password or account.

5.2 Please ensure that the details you provide us with are correct and complete and inform us immediately of any changes to the information that you provided when registering. You can access and update much of the information you provide to us within the "Update Profile" area of the Website.

5.3 If we have reason to believe that there is likely to be a breach of security or misuse of the Website we reserve the right at our discretion to refuse access to the Website; terminate the account; remove or edit content; cancel orders or require creation of a new password. If we cancel an order, it will be without charge to you. We will only terminate your account in accordance with condition 17 below.

5.4 In order to register with WABBA Qualifications, to use the forum (or any chat-room) or to purchase goods and services from us you represent and warrant that:
(a) you are over 18 years of age;
(b) the details that you have provided for registration or at any time are true, accurate, current and complete;
(c) you will not share your user name or password with any other person nor with multiple users on a network; and
(d) you will promptly update your personal details in the "Update Profile" area of the Website in the event of any relevant changes following initial registration.

6. Your material and online conduct

6.1 You must not use the Website in any way that causes, or is likely to cause, the Website or access to it to be interrupted, damaged or impaired in any way.

6.2 You understand that all content (including data, text, software, music, sound, photographs, graphics, video, messages or other materials), whether publicly posted or privately transmitted, are the sole responsibility of the person or entity from which the content originated. This means that you, and not WABBA Qualifications, are entirely responsible for all content that you upload, post or email via the Website (including any chat-room or other forum). We do not control the content posted via any interactive area and therefore do not guarantee the accuracy, integrity or quality of such content.

6.3 You may post reviews, comments and other content; send communications; and submit suggestions, ideas, comments, questions, or other information. You must not use the Website (including any chat-room or other forum) for any of the following:
(a) for fraudulent purposes, or in connection with a criminal offence or other unlawful activity;
(b) to send, use or reuse any content or material that is: (i) illegal, offensive, abusive, indecent, defamatory, obscene or menacing; or (ii) in breach of copyright, trade mark, confidence, privacy or any other right or is otherwise injurious to third parties or objectionable; or (iii) which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data); or (iv) which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any "spam";
(c) to cause annoyance, inconvenience or needless anxiety;
(d) to collect or store personal data about other users;
(e) to upload, post or email any content that you do not have a right to transmit under any law or under any contractual or fiduciary relationship;
(f) to advertise or otherwise promote any commercial product.

6.4 You may not use a false, vulgar or offensive e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of any content. WABBA Qualifications reserves the right (but not the obligation) to remove or edit any content

6.5 We will co-operate fully with any law enforcement authority or court order requesting or directing us to disclose the identity or to locate anyone posting any material in breach of these Terms of Use.

6.6 Other than personally identifiable information which is covered by our Privacy Policy [insert Hyperlink] any material that you transmit or post to the Website shall be considered non-confidential and non-proprietary. We will have no obligations whatsoever with regard to such material. We will be free to copy, disclose, distribute, incorporate and otherwise use such material and all data, images, sounds, text and other things embodied in such material for any and all commercial or non-commercial purposes.

6.7 If you do post content or submit material, and unless we indicate otherwise, you grant WABBA Qualifications a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub- licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant WABBA Qualifications and its affiliates and sub-licensees the right to use the name that you submit in connection with such content, if we choose. You agree to waive your right to be identified as the author of such content and your right to object to derogatory treatment of such content. You agree to perform all further acts necessary to perfect any of the above rights granted by you to WABBA Qualifications, including the execution of deeds and documents, at the request of WABBA Qualifications.

6.8 You represent and warrant that you own or otherwise control all of the rights to the content that you post; that, as at the date that the content or material is submitted to WABBA Qualifications: (i) the content and material is accurate; (ii) use of the content and material you supply does not breach any applicable Trainsmart policies or guidelines and will not cause injury to any person or entity (including that the content or material is not defamatory).

6.9 You agree to indemnify WABBA Qualifications and hold us and our subsidiaries, affiliates, employees, officers, agents or partners harmless from and against any direct or indirect loss or damages (including consequential loss and loss of profits, goodwill or business opportunities) arising from any third party claim in relation to any content you upload, post or email on or through the Website (including any chat-rooms or other forums), your use of the Website or your breach of these Terms of Use.

7. Our contract

7.1 When you place an order to purchase a product or service from WABBA Qualifications through the Website, we will where ever possible send you an e-mail confirming receipt of your order and containing the details of your order.

7.2 Your order represents an offer to us to purchase goods or services which is accepted by us when we send e-mail confirmation to you that we've dispatched that product to you (the "Dispatch Confirmation E-mail"). That acceptance will be complete at the time we send the Dispatch Confirmation E-mail to you.

7.3 Any goods or services on the same order which have not been confirmed in a Dispatch Confirmation E-mail to have been dispatched do not form part of our agreement with you. The quantity and description of goods and services shall be as set out in the Dispatch Confirmation e-mail.

7.4 All samples, drawings, descriptive matter, specifications and advertising issued by us and any descriptions or illustrations contained in any promotional material or the Website are issued or published for the sole purpose of giving an approximate idea of the goods described in them. They shall not form part of our agreement with you and there is no sale by sample.

8. Pricing, availability and delivery

8.1 The prices payable for goods and services that you wish to order are set out in the relevant sections of the Website. We must receive payment of the whole of the price for the goods and services that you order before your order can be accepted.

8.2 We list availability information for goods sold by us on the Website, including on each product information page. Beyond what we say on that page or otherwise on the Website, we cannot be more specific about availability. You acknowledge that dispatch estimates are just that, they are not guaranteed dispatch times and may not be relied upon as such. You may not make time for delivery of the essence by notice to us. As we process your order, we will endeavor but not 100% wholly guarantee to inform you by e-mail if any products you order are currently unavailable at that time.

8.3 We will deliver the goods ordered by you to the address that you give us for delivery at the time that you make the order. Delivery will be made as soon as possible after your order is accepted and in any event within 30 (thirty) days of your order. You will become the owner of the goods you have ordered when they have been delivered to you. Once goods have been delivered to you they will be held at your own risk and we will not be liable for their loss or destruction.

8.4 In the event of non-delivery the following provisions shall apply:-
(a) the quantity of any consignment of goods as recorded by us upon the Dispatch Confirmation Email shall be conclusive evidence of the quantity of goods received by you on delivery unless you can provide conclusive evidence to the contrary;
(b) we shall not be liable for any non-delivery of goods (even if caused by our negligence) unless you notify us in writing of the non-delivery within 14 (fourteen) days of the date when the goods would in the ordinary course of events have been received by you; and
(c) our liability for non-delivery of the goods shall be limited to replacing the goods within a reasonable time or issuing a credit note at a pro-rata rate against any invoice that we have raised for such goods.

9. Cancellation

9.1 You have the right to cancel your membership or clothing orders up to 14 (fourteen) days after the day following the placement of the order for the goods ("the Cooling Off Period") by telephone or by email (enquiries@wabba.co.uk). In order to action the cancellation of your purchase within the Cooling Off Period you should:
(a) confirm in writing to us that you wish to return the goods and state that the reason for the return is "contract cancellation"; and
(b) package the relevant item or items securely and return it or them to us within the timescale referred to.

9.2 In the event that the goods have already been dispatched by us at the date of receipt of your cancellation of the order you must return the goods to us and we will credit your credit or debit card with the price of the goods within 30 (thirty) days beginning on the day upon which the notice of cancellation was given.

9.3 WABBA Qualifications will not be responsible for your costs in returning the items to us unless we delivered the item to you in error and will not give refunds against clothing purchases if the clothing has been seen to have been removed from its packaging and or worn at all.

9.4 The right to cancel does not apply to services or products that we agree to supply where we provide goods, services or products to you electronically, in CD-Rom format, Jpeg, PowerPoint, Pdf video or other such means (for instance a training course or module of a training course) In these instances you may not cancel the agreement between us once we have commenced providing the services, products or delivered the goods, service or product to you for availability by any means mentioned earlier above in this paragraph 9.4.

9.5 WABBA Qualifications shall only offer an Interest Free Payment Option to students wishing to purchase a product or service from WABBA Qualifications where WABBA Qualifications see fit to do so. It is not an automatic right of all customers, and will only be granted upon the understanding that once started, an Interest Free Payment Option Plan becomes an agreement to pay the full RRP over a period of time as shown on the website at that given time for the product or service being purchased and cannot be cancelled after the initial first payment has been made. All subsequent monthly payments must be made on time, by debit from a valid Credit/Debit Card for which WABBA Qualifications shall hold all details necessary to receive payment each month on the agreed date of either the 1st day or 14th day of each month until the monthly payment number has been reached, by which time all outstanding monies shall have been paid in full. Where payment fails in any of the given Interest Free Payment Period Months, which shall run consequtively without a break, WABBA Qualifications reserve the right to charge a daily management fee of £25 until the account is brought up to date with all arrears and any balances owed paid in full, including all outstanding months and all associated management fees incurred.

10. Returns

We hope that you will be happy with your purchase but should you wish to return any items of clothing, training equipment, assessment equipment or health and fitness / bodybuilding supplementation please follow the instructions set out in our Returns Policy which is set out in the Appendix to these Terms of Use. We will not be able to accept returns of (a) personalised goods that have been specifically configured to your specification or (b) goods or services that have been delivered electronically to you and to which you have access.  Please refer to our Full Returns Policy by clicking here.

11. Payment

Your credit or debit card will be charged by our secure payments processor at the point of sale when you have purchased any product from WABBA Qualifications or you have confirmed your booking by email or telephone for a test assessment, training course or other, when you purchase a service or product. For all payments that you make through the Website you will be directed to our secure payments processor.  In addition, by using the Website, you acknowledge and agree that internet transmissions are never completely private or secure. You understand that any message or information that you send to the Website may be read or intercepted by others, even if there is a special notice that a particular transmission (for example credit card information) is encrypted.

12. Customs

12.1 When ordering goods from WABBA Qualifications for delivery overseas you may be subject to import duties and taxes, which are levied once the package reaches the specified destination.

12.2 Any additional charges for customs clearance must be borne by you; we have no control over these charges and cannot predict what they may be. Customs policies vary widely from country to country, so you should contact your local customs office for further information.

12.3 When ordering from WABBA Qualifications, you will be considered as the "importer of record" and must comply with all laws and regulations of the country in which you are receiving the goods. Our international customers and customers dispatching products internationally should be aware that cross-border deliveries are subject to opening and inspection by customs authorities.

13. Qualifications tuition & testing and the appointment of WABBA Qualifications Tutors.

13.1 WABBA Qualifications may make certain qualifications tuition and tests available to you through the Website. Where such tests are carried out by third party contractors ("Trainers") the following provisions shall apply:
(a) WABBA Qualifications may provide you with certain information as to the geographical location and availability of Trainers, but the selection of a Trainer, the type of test, choice of equipment and choice of facility at which any testing may be carried out shall be your responsibility and WABBA Qualifications makes no assurances or representations as to the suitability of one Trainer rather than another for your particular requirements.
(b) You acknowledge and agree that WABBA Qualifications shall have no responsibility whatsoever for your relationship with the Trainer, choice of facility or equipment, the manner in which the testing is carried out.

13.2 In the event that you wish to permit a third party to have access to your account you may do so subject to the following:-
(a) you shall notify us in writing of the person that you have appointed to have access to your account and
(b) you acknowledge and agree that you shall be wholly responsible and that WABBA Qualifications shall not have any obligation, responsibility or liability whatsoever to you in respect of (i) access to your account or (ii) such person’s input;

15. Intellectual property

15.1 The names, images and logos identifying WABBA Qualifications, the Website our training courses, qualifications and our products and services are subject to copyright, design rights and trademarks which are owned by Alan Runacres. Save where we expressly grant a license to you in accordance with these Terms of Use nothing contained in these Terms of Use shall be construed as conferring by implication, a right or otherwise any license to use any trade mark, patent, design right or copyright of WABBA Qualifications or any third party.

15.2 All content included on the Website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of WABBA Qualifications or its content suppliers. The compilation of all content on the Website is the exclusive property of Alan Runacres. All software used on the Website is the property of WABBA Qualifications or our software suppliers. All such rights are protected by law.

15.3 WABBA.CO.UK, WABBA LIMITED, WABBA QUALIFICATIONS Ltd, THE WABBA QUALIFICATIONS LOGO, and other marks indicated on the Website are trademarks or marks of WABBA Qualifications. WABBA Qualifications graphics, logos, page headers, button icons, scripts and service names are the trademarks or trade dress of WABBA Qualifications. WABBA Qualifications trademarks and trade dress may not be used in connection with any product or service that is not WABBA Qualifications, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits WABBA Qualifications. All other trademarks not owned by WABBA Qualifications that appear on the Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by WABBA Qualifications. No license is granted to you in these Terms of Use to use our trade marks.

16 Other businesses

16.1 WABBA Qualifications may permit third parties to operate stores, provide services or sell products on the Website. In addition, we may provide links to the Websites of affiliated or third party businesses. We shall not be responsible for examining or evaluating the content of such websites. We do not warrant or endorse the offerings of any such business or the content of their websites. WABBA Qualifications does not assume any responsibility or liability for the actions, products or content of such third parties. You will be aware when you are involved in a transaction with such a third party and we may share customer information relating to such transactions with that third party. You should carefully review the privacy policies and other applicable terms and conditions of such third parties.

16.2 The Website may contain advertising and sponsorship of third parties. Such advertisers and sponsors are responsible for ensuring that materials submitted for inclusion on the Website complies with relevant laws and codes. We will not be responsible for any error or inaccuracy in advertising and sponsorship material. 

17 Electronic communications & privacy

17.1 When you visit the Website or send emails to us, you are communicating with us electronically. We communicate with you by email or by updating or posting notices on the Website. You consent to the receipt of such communications from us and you agree that all agreements, notices, disclosures and other communications that we may provide to you electronically satisfy any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

17.2 Our Privacy Policy applies to use of the Website and its provisions are incorporated as a part of these Terms of Use by this reference. To view WABBA Qualifications Privacy Policy click here.

If you have any queries, please use our  contact form 

18 Sanctions and termination

18.1 You acknowledge and agree that WABBA Qualifications may, in its sole discretion and without prior notice, terminate your access to the Website and/or block your future access to the Site if we determine that you are in breach of these Terms of Use or our Privacy Policy or any other agreements or guidelines which may be associated with your use of the Website. You also agree that any breach of these Terms of Use or the Privacy Policy may constitute an unlawful or unfair business practice which may cause irreparable harm to WABBA Qualifications, for which monetary damages would be inadequate, and you consent to WABBA Qualifications obtaining any injunctive or equitable relief that WABBA Qualifications deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies WABBA Qualifications may have at law or in equity and to the following provisions of this condition.

18.2 In the event that we are notified of activities that are a breach of these Terms of Use or our Privacy Policy, in addition to the action referred to above, we may ban, delete or prohibit any content that relates to such breaches or that we judge harmful to individuals or the rights of WABBA Qualifications or any of our affiliates, licensors or partners.

18.3 We reserve the right to take whatever action we deem necessary to prevent such breaches including the following:
(a) breaches that we deem to be minor may result simply in receipt of a written warning; and
(b) breaches that we deem to be serious may result in your automatic ban from any chat-room or other forum or from the Website generally.

18.4 Our decision shall be final in all such cases and any breaches may lead to us reporting your activities to your internet service provider, your employer, relevant authorities or to legal action being taken against you, or both.

18.5 In addition to the foregoing we may at any time move, modify or remove any content or take further legal action as a result of breaches or suspected breaches of these Terms of Use or our Privacy Policy or breach of any applicable laws or regulations or where our rights or third party rights are threatened or infringed.

19 Disclaimer and limitation of liability

19.1 Whilst we endeavor to ensure that the information on the Website is correct, we do not warrant the accuracy and completeness of the material on the Website. We may make changes to the material on the Website, or to the products and prices described in it, at any time without notice. The material on the Website may be out of date and we make no commitment to update such material.

19.2 The material on the Website is provided "as is", without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, we make the Website available on the basis that we exclude all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable skill and care) which, but for these Terms of Use, might have affect in relation to the Website.

19.3 Where we (i) supply goods to you that we have acquired from a third party or (ii) provide information on the website enabling you to procure goods or services from a third party we do not give any warranty, guarantee or other term as to their quality, fitness for purpose or otherwise but in the case of goods, shall where possible assign to you the benefit of any warranty, guarantee or indemnity given by the party supplying the goods to us. Where you choose to purchase goods or services from third parties through the Website, you acknowledge and agree that (in so far as permitted by law and subject to condition 18.9) WABBA Qualifications shall have no liability whatsoever for any loss, damage or costs arising directly or indirectly as a consequence of your relationship with such third party or otherwise in connection with the goods or services supplied

19.4 So far as permitted by law we shall have no liability to you for any loss, damage, costs, expenses or other claims for compensation arising from information or instructions that you have supplied to us which are incomplete, incorrect, inaccurate, illegible or through any other omission or failure on your part which has led to such loss or damage. In particular you acknowledge and agree that it is your responsibility to ensure that you are capable of undergoing the routine of testing, exercise or training that is proposed for you and that you accept that there is always some risk in performing exercise. You acknowledge and agree that it is your sole responsibility to obtain the prior approval of a doctor before commencing metabolic testing or any routine of exercise or training that is suggested under the remote coaching schedule where: (i) we have indicated that it is appropriate for you to do so, or (ii) there is any reason whatsoever that causes you, or ought to cause you, doubt as to your suitability to engage in such activities.
 
19.5 We and any of our affiliated businesses and our officers, directors, employees, shareholders and agents exclude all liability and responsibility for any amount or kind or loss or damage that may result to you or a third party (including without limitation any direct, indirect, punitive or consequential loss or damages or any loss of income, profits, goodwill, data, contracts, use of money or loss or damages arising from or connected in any way to business interruption and whether in tort (including without limitation negligence), contract or otherwise in connection with the Website in any way or in connection with the use, inability to use or the results of use of the Website, any websites linked to the Website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of or browsing the Website or your downloading of any material from the Website or any websites linked to the Website.

19.6 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 our agreement with you.

19.7 Without limitation to the generality of conditions 19.1 to 19.5 we disclaim all liability in connection with the following:-
(a) incompatibility of the Website with any of your equipment, software or telecommunications links;
(b) technical problems including errors or interruptions of the Website;
(c) un-suitability, unreliability or inaccuracy of the Website;
(d) the inadequacy of the Website to meet your requirements.

19.8 Subject to condition19.9
(a) our total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, any breach of these Terms of Use or any other claim arising in connection with your use of the Website or the purchase of any goods or services through the Website or other means with us shall NOT EXCEED TWICE THE TOTAL AMOUNT OF MONIES ACTUALLY RECEIVED BY WABBA Qualifications FROM YOU IN RESPECT OF SUCH GOODS OR SERVICES then provided in part, parts or full; and
(b) we shall not be liable to you for any pure economic loss, loss of profit, loss of business, depletion of goodwill or otherwise, in each case whether direct, indirect or consequential or any claims for consequential compensation whatsoever (how so ever caused) which arise out of or in connection with the subject matter of these Terms of Use.

19.9 These Terms of Use shall include or limit our liability for:
(a) death or personal injury; and
(b) any liability which cannot be excluded or limited under applicable law.

19.10 If your use of material on the Website results in the need for servicing, repair or correction of equipment, software or data, you shall assume all costs thereof.

20 Miscellaneous

21.1 You may not assign, sub-license or otherwise transfer any of your rights under these Terms of Use.

21.2 If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and affect.

21.3 We will not be responsible for any delay or failure to comply with our obligations under these Terms of Use if such delay or failure arises from any cause which is beyond our reasonable control.

21.4 These Terms of Use and the Privacy Policy constitute the entire agreement and understanding between us as to the terms upon which you may use the Website and supersede any previous agreement or discussions between us relating to the subject matter of these Terms of Use. Nothing said by any sales person or other person or entity on our behalf shall be understood as a variation of these Terms of Use or as an authorised representation about the nature or quality of the goods or services we provide or the Website. Save for fraud or fraudulent misrepresentations, we shall have no liability for any such representation being untrue or misleading.

21.5 In the event that you breach these Terms of Use and we do not take immediate action in relation to this, we shall still be entitled to exercise all of our rights and remedies at a later date or in any other circumstances where you are in breach of these terms of use.

21.6 Neither party intends that any provision of these terms of use shall be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person that is not a party to these terms of use.

21.7 The law applicable to the validity, construction and performance these Terms of Use shall be the laws of England and the parties irrevocably submit to the exclusive jurisdiction of the English Courts.

"WABBA" is a name by means of association in regards to the trading name for WABBA Qualifications and WABBA Qualifications Limited and the Website owned and operated by Alan Runacres on behalf of WABBA Qualifications Limited.
 

Returns Policy

This section describes how we calculate refunds and outlines our policy on product refunds, gift refunds, gift certificate refunds, booking a test refunds, remote coaching refunds, instructor training refunds and test credit refunds. Our refunds policy does not affect your statutory rights.
When you send your item back to us, we'll process the returned item then notify you via e-mail of your refund. You can expect a refund in the same form of payment originally used for purchase within four weeks of our receiving your return.

1. Items as described previously, being returned within the 14 day cooling off period
Where you wish to withdraw from your purchase within the 14(fourteen) working day cooling-off period and (i) there has been no error on our part and (ii) you have complied with the Terms of Use, we will refund the cost of the item and the cost of sending the item to you as follows:

• where you are returning an item that was part of a larger order, we will refund the per-item charge for delivery that you incurred

• where you are returning an entire order, we; will refund applicable per-item delivery charges and the per-delivery charge that you incurred; and

• we will refund only standard (Airmail) postage charges for items delivered outside the UK.
We will not refund the cost of gift wrapping, delivery and other services provided to you in connection with your purchase unless you return the item to us because of an error on our part or because it is defective.

2. Return of Non-faulty items under the 30-day returns guarantee
Where you wish to withdraw from your purchase between 14 (fourteen) and 30 (thirty) days after delivery, and there has been no error on our part, we will refund only the cost of the item. We will not refund the cost of gift wrapping, delivery or other services provided to you in connection with your purchase.

(a) Booking a Test Refund
If you book a test and cancel the test within 48 hours of the test time and date, you may transfer your booking free of charge to an available booking time.
If you book a test and cancel within 24 hours of the test time and date, you will be charged a cancellation fee equal to the full amount charged. You may transfer your balance to book an alternative, available booking time.
If you book a test and do not show up for the test without canceling it, you will be charged the full value of the test with no refund.

Note: You are required to submit your cancellation in writing to WABBA Qualifications. Email correspondence will be acceptable. The time of cancellation is taken from the time and date stamp of the received mail or email. WABBA Qualifications or its partners are not responsible for any late arrival of mail or emails.


(b) Instructor Training Refunds
If you cancel at least 7 (seven) working days in advance of the training date, you will be entitled to transfer free of charge to another training date and venue of your choice.
If you cancel within 7 (seven) working days of the training date, a cancellation fee of 50% of the course or assessment fee will be charged. You must pay your outstanding balance before another training date and venue of your choice can be booked. If you do not show up to attend a training course or test without canceling your place, you will be charged the full value of that course and are not liable for any refund or transfer of training or test assessment to another course.

Note: Exceptional circumstances may be taken into account. If you feel you qualify for such you must submit your claim in writing to WABBA Qualifications with all relevant, supporting documentation. Waiver of the cancellation fee or full charge for "no shows" is at the sole discretion of WABBA Qualifications. WABBA Qualifications decision is final.

3. Return of Faulty Items
This section explains what to do if you've received a damaged, defective or incorrect item from WABBA Qualifications. This returns policy does not affect your statutory rights:

(a) If the item was damaged in transit
If you take delivery of a WABBA Qualifications package and the contents have been damaged in transit, you can return the item(s) to us within 30 (thirty) days of receipt for exchange. Please follow the instructions below to return your item.

(b) If the item is defective
You have the right to return a faulty item within a reasonable period of time. Please keep all the warranty information that accompanies your item as this will be needed should there be a fault. In the unlikely event that you have a faulty item, you may find it quicker and easier to contact the manufacturer directly so that they can rectify the problem for you. If you choose to return the item to us, please follow the instructions below.

(c) If we sent you an item you did not order (an "incorrect" item)
As soon as you find out we've sent you an incorrect item, please email us  and let us know. We'll send you the correct item as soon as we can. Send the original item back to us (please follow the instructions below) and we'll make sure you are not charged for it.

(d) How to Return Your Damaged, Defective or Incorrect Item
Please follow the steps below to enable us to process your refund efficiently:

• Wrap the item securely in its original packaging (where possible) & send to WABBA Qualifications at the address sent to you following a request by email
• WABBA Qualifications cannot accept returns if you deliver them by hand
• We will notify you via e-mail when we have processed your return--this may take up to three weeks
• For your protection we recommend that you use a recorded-delivery service

Please Note:
In the event of WABBA Qualifications sending you a replacement for a damaged, defective or incorrect item, you must return the original item to WABBA Qualifications within 30 days. WABBA Qualifications reserves the right to charge the price of the replacement to the payment card used for the original order if the item is not returned within 30 days of the date on which WABBA Qualifications confirms we will issue a replacement.

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