MOAI Health - Mental Health First Aid Terms and Conditions

Booking

1. MOAI Health Limited (“Moai”, “we” or “us”) offers a selection of mental health first aid courses as set out here: moaihealth.com/mental-health-training.
2. Please note that the course materials, the trainer and the course content may be subject to change from time to time.
3. Courses are subject to availability.
4. In order to book a course you must be over 18.
5. In order to book a course, please complete the booking form which is available here: moaihealth.com/mental-health-training. You may be able to make a reservation in advance of booking (but no place shall be guaranteed on the basis of a reservation until a formal booking has been made and we have issued a Booking Confirmation).
6. In order to secure a reservation you must make a formal booking. Until a formal booking has been made, a Booking Confirmation has been issued and fees have been paid for in full, you  will not be entitled to attend a course. Upon booking we will send you applicable course information.

Fees and Payment

1. The quoted fees (which can be found here: moaihealth.com/mental-health-training) for a course will include written materials, and such refreshment as may be specified on the Booking Confirmation. Additional goods or services may be subject to additional charges.
2. All fees must be paid in advance and your booking will not be confirmed until we have received payment of the fees for a course. 

‍

Cancellation and Substitution

1. Courses may be cancelled by us if an insufficient number of bookings are made for a given course. We may also change the dates or venues of any course at any time. If we cancel a course which has been booked without providing a suitable alternative all monies paid in respect of that course will be repaid by us to you, but we will have no further liability to you whatsoever.
2. If you have booked a course and the booking has been accepted in writing (including email) you will be charged a cancellation fee of 25% of the total fees payable by you in the event that you cancel on less than 48 hours’ notice prior to the commencement of the course. 
3. If you agree to book an alternative date within 60 days of the original course date then we may (at our discretion) waive the cancellation fee which would otherwise be payable but you will only be entitled to move the course date once, thereafter any rescheduling by you of the course will amount to a cancellation and the applicable fee will be due.
4. Requests to transfer a registration to another course date or to a different participant must be made in writing and are subject to approval by MOAI. Only one transfer will be permitted per registration, and any subsequent requests will be treated as a cancellation.
5. You agree that the cancellation payments specified above are a reasonable pre-estimate of the losses which MOAI or its partners would suffer in the event of cancellation having regard to the necessity of MOAI planning in advance the time of employees and associates, that bookings are usually made far in advance and the staff and other costs incurred by MOAI in the event of termination.
6. If the Participant fails to attend a course or any lesson within the course then you will remain liable for payment of the course fees in full and we will not provide refunds. 
7. We reserve the right to cancel or reschedule a course due to unforeseen circumstances, insufficient enrolments, or other reasons beyond our control.
8. In the event of a course cancellation, participants will be notified as soon as possible, and a full refund of the course fee will be issued.
9. In the event of a course rescheduling, participants will be offered the option to transfer their registration to the new date or receive a full refund.
10. We shall not be held liable for any additional expenses incurred by participants, such as travel or accommodation costs, in relation to a course cancellation or rescheduling.
11. Refunds, if applicable, will be issued using the original payment method within 7 days of the cancellation request.

Materials

1. All intellectual property rights including copyright which are capable of existing in any documents, software or other materials created or supplied by us in relation to a Course (the ‘Materials’) belong to us or our agents or employees. 
2. You undertake to keep all Materials confidential. 

‍

Conduct while attending course

1. You agree that you will be responsible for your actions while attending a course.  
2. Our staff and the course trainer or venue may impose their own reasonable terms, conditions and regulations relating to course participation, use of rooms or materials or any other relevant matters which shall be binding on you in addition to these terms. 
3. Participants are expected to conduct themselves in a respectful and professional manner throughout the course.
4. We reserve the right to remove any participant who engages in disruptive or inappropriate behaviour, without refund or recourse.

‍

Liability and Insurance

1. We offer mental health first aid courses which are designed to enhance the Participant’s awareness of mental health first aid care. Our courses do not provide medical advice and are not a substitute for medical advice. Our materials and courses are not intended to be used for diagnostic or treatment purposes. 
2. We have endeavoured to ensure the accuracy of the information presented in our course materials and we make every effort to keep the materials up to date and relevant. However, we cannot guarantee and assume no legal responsibility for your interpretation or use of the information contained in the course materials.
3. You should ensure that any actions or decisions made by you after participating in one of our courses are made taking into account other factors (apart from the information provided on the course) of which you should be aware. We will not make, or be deemed to make, any such decisions on your behalf. 
4. We will not be liable (to the fullest extent permitted by law) for any loss, damage, or inconvenience caused as a consequence of any use or inability to use any information provided during a course or in any Materials.
5. We will not be liable to you or anyone else for any decisions made or action taken in reliance on the information provided during a course or in any Materials.
6. We will not be liable in any circumstances for any property damage or for any indirect or consequential loss or damage such as lost profit, lost opportunity, lost bargain, lost reputation, loss of anticipated savings or lost data whether caused by our negligence, the negligence of our employees or agents or otherwise. We will not be liable to any party other than a course participant.
7. Our total aggregate liability will be limited to the fees payable in respect of the relevant course save that nothing in these terms will exclude or limit our liability for death or personal injury arising as a result of our negligence or the negligence of its employees or agents. 
8. We do not limit or exclude any liability for death or personal injury arising due to our negligence or the negligence of our employees or contractors. 
9. We carry public liability insurance up to a limit of £2,000,000. 

General

1. Neither party shall be liable to the other or be deemed to be in breach of these by reason of any delay in performing, or any failure to perform, any of their obligations in relation to these terms (with the exception of your payment obligations to us), if the delay or failure was due to any cause beyond their reasonable control such as severe weather, a natural disaster, strikes, governmental action, terrorism, war and civil unrest.
2. Save in the case of fraud these terms represent the entire agreement between the parties and supersede any previous representations or agreements whether recorded in writing or otherwise.
3. The parties agree that these terms are fair and reasonable in all the circumstances. However if any provision of these terms is held not to be valid by a court of competent jurisdiction but would be valid if part of the wording were deleted, then such provision shall apply with such deletions as may be necessary to make it valid.  If any of the provisions in these terms are held not to be valid the remaining provisions of these terms shall remain in full force and effect.

4. Both parties agree that these terms shall not be enforceable by any person who is not party to this Agreement by virtue of the Contracts (Rights of Third Parties) Act 1999.
5. Either party may give any notice to the other by sending it by post addressed to their registered address or membership address set out in a Contract Summary or by sending it to such electronic communications address as may be notified to the other from time to time.
6. These terms will be governed and construed according to the laws of England and Wales and the parties submit to the exclusive jurisdiction of the English Courts.

‍