1.1.1 Any references in these terms (“Terms of Sale” or “these Terms”) to "we", “us” or “our” are to GP Update Limited. We are registered in England and Wales under company number 07135974 and have our registered office at One Canada Square, London, E14 5GS. Our trading name is “Red Whale” which is protected as a registered trademark. Our VAT number is 988 7832 35.
1.1.2 Any reference to “you” or “your” in these Terms means any individual, person (natural or legal), business, company or entity, who purchases any Products (as defined below) from us.
These Terms set out the terms for the purchase of any of our products or services (including without limitation any training courses, webinars, face to face courses and online courses, printed handbooks, Digital Subscription Services (as defined in Part 2 below), memberships and any other content or materials which may be purchased from us) (together, the “Products”) from our website https://redwhale.co.uk and other redwhale.co.uk subdomains (“our site”) or otherwise directly from us. Please note that additional, specific terms apply in relation to certain Products, as described in section 1.3 below.
1.3.1 We have divided these Terms into four parts to make them easier to read:
1.3.1.1 Part 1 sets out our general terms and conditions that apply to all of our Products;
1.3.1.2 Part 2 sets out additional terms that apply in relation to our Digital Subscription Services (as defined in Part 2 below), which includes without limitation access to Red Whale Knowledge and Red Whale Unlimited;
1.3.1.3 Part 3 sets out additional terms that apply in relation to our face-to-face (in person) courses; and
1.3.1.4 Subject to section 1.3.4 below, Part 4 sets out additional terms that apply in relation to our In House / Commissioned training courses (both face-to-face (in person) and digital (live or on demand, including without limitation Study Day Live)) that are funded either partially or in full by a third party (including without limitation by a Commissioner (as defined in Part 4)) on behalf of the applicable end user.
1.3.2 You must ensure that you read this Part 1 together with Part 2, Part 3 and/or Part 4 (as applicable) depending on which type of Products apply to you.
1.3.3 If there is any inconsistency or conflict between the provisions of this Part 1 and the provisions of Part 2, Part 3 or Part 4 (as applicable), the provisions of Part 2, Part 3 and/or Part 4 (as applicable) shall prevail over the provisions of Part 1.
1.3.4 If any of our In House / Commissioned training courses are to be funded either partially or in full by a third party on behalf of a group or any applicable end user, the applicable third party will also need to enter into separate Terms and Conditions for Commissioners with us which will apply in relation to any such In House / Commissioned training courses in addition to the terms of Part 4.
1.4.1 You can contact us by telephone on 03330 093 090 (charged at the same rate as standard landline numbers starting with 01 or 02) or by writing to us at emails@redwhale.co.uk.
1.4.2 If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us when you created an account or placed an order with us.
1.4.3 Any references to “writing” in these Terms includes email.
1.5.1 Please read these Terms carefully before you purchase our Products. These are the terms and conditions on which we supply the Products to you. By submitting an order for Products to us (an “Order”), you confirm that you accept these Terms of Sale and that you agree to comply with them.
1.5.2 Our acceptance of your Order will take place when we email you to accept it, at which point a binding contract will come into existence between you and us which incorporates these Terms and the Additional Terms (as applicable). If you do not receive an email confirmation of your Order within an hour of placing the Order, please contact us at emails@redwhale.co.uk.
1.5.3 If you think that there is a mistake in these Terms, please contact us to discuss.
We amend these Terms from time to time. Every time you wish to purchase Products from our site, please check these Terms to ensure you understand the terms that apply at that time. These Terms were most recently updated on 31 October 2024.
1.7.1 The following additional terms also apply to your use of our site and Products and are incorporated by reference into these Terms:
1.7.1.1 our Terms of Use;
1.7.1.2 our Privacy and Cookie Policy; and
1.7.1.3 any additional terms and conditions that are provided as part of the Order or contracting process (or any proposal document that we issue), or other policies or terms that we create or update from time to time and which we notify to you in writing, (together, the “Additional Terms”).
1.7.2 You represent, warrant and undertake that you will comply at all times with the Additional Terms.
1.7.3 If there is any inconsistency or conflict between these Terms and any of the Additional Terms, the applicable terms shall prevail (only with respect to the applicable inconsistency or conflict) in the following order of precedence: (i) these Terms of Sale; (ii) the Terms of Use; (iii) the Privacy and Cookie Policy; and (iv) any other policies or terms that we create or update from time to time and which we notify to you in writing.
1.7.4 These Terms apply to the exclusion of any other terms that you seek to impose or incorporate (including any terms appearing on a purchase order), or which are implied by trade, custom, practice or course of dealing.
1.8.1 You can find everything you need to know about us, Red Whale, and our Products (including without limitation the applicable prices for our Products) on our site or from our delegate services team at emails@redwhale.co.uk before you order. We also confirm the key information to you in writing after you complete the Order, either by email or in your online account.
1.8.2 We only provide our Products to businesses and professionals for their own professional development in connection with their trade, business or profession. By creating an account with us or ordering our Products, you are confirming (and you warrant and represent) that you are a medical professional, manager or administrator in the medical sector or that you represent a business in the medical sector. As a consequence, you are not deemed to be a “consumer” under the laws of England and Wales when contracting with us, and you do not benefit from protections such as a 14-day cooling-off period.
1.8.3 Unless otherwise agreed with you or expressly permitted pursuant to these Terms or the Terms of Use, access to our Products (including without limitation any subscription service) is for one individual only, for your own professional development and you must not share your account or any of our Products with any other individual or groups or use your account or any Product for commercial purposes or in support of other commercial organisations. If you wish to use our Products or content commercially or to enable access for groups of clinicians, please contact sales@redwhale.co.uk to discuss group licensing.
1.8.4 We reserve the right to change the prices of any of the Products or content on our site at any time. We have complete discretion over whether any of the content or Products on our site are free of charge or must be paid for.
We will try to process your Order for any Product as promptly as we can. We may need certain information from you so that we can provide our Products to you, for example, payment details to pay for the Product that you wish to purchase or a postal address to send out physical handbooks. If you do not give us this information at the time of us asking for it, or if you give us incomplete or incorrect information, we may not be able to complete your Order. We will not be responsible for supplying the Products late or not supplying any part of them if this is caused by you not giving us the information we need at the time of the Order.
We will use our reasonable efforts to ensure that the Product is available for the duration that was indicated in the Product description on our site prior to the Order, however we make no guarantees with regards to the availability of any of our Products.
If you wish to make a change to an Order before you access the Products, please contact us at emails@redwhale.co.uk. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the applicable Products, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.
1.12.1 The prices for each of our Products are set out on our site, which you will be able to review and confirm during the order process.
1.12.2 It is always possible that, despite our efforts, our site may refer to incorrect Product prices. If you think a price is wrong, please contact us at emails@redwhale.co.uk before proceeding with the Order. By proceeding with the Order you are accepting the price as advertised.
1.12.3 By submitting payment information to us when you purchase a Product you warrant that you are entitled, or authorised, to use that payment method, including any vouchers. In the event of an unauthorised payment we reserve the right to suspend or terminate our contract with you with immediate effect and may investigate the matter further.
1.12.4 For the majority of our Products we charge you in full when you submit the Order for the Products via our site, in accordance with the instructions contained on our site. However, for some Products (including without limitation some of our subscription services, as detailed in Part 2 of these Terms) we may take payment in recurring monthly (or other) fees, as explained to you on our site or otherwise during the order process, in which case you agree and undertake to pay us each instalment in full in accordance with the agreed payment schedule.
1.12.5 You must pay all amounts due to us under these Terms in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 4% a year above the base lending rate of Barclays Bank from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
If the rate of VAT changes between your Order date and the date we supply the Product, the date your subscription starts or the date your course is scheduled, we may adjust the rate of VAT that you pay, unless you have already paid for the Product in full before the change in the rate of VAT takes effect.
Unless stated otherwise in these Terms, we are under no obligation to provide you with any refunds for any reason. If you are entitled to a refund under these Terms we will refund you to the method you used for payment as soon as reasonably possible, subject to any necessary deductions in accordance with these Terms.
If you think there is something wrong with your Product (for example if you are not able to access any content that you have purchased), please contact us at emails@redwhale.co.uk.
1.17.1 We reserve the right to change or suspend any of our Products for any reason at our discretion.
1.17.2 We may remove or change the live dates from a digital Product at our discretion, and where practicable we will use our reasonable efforts to give you at least 4 weeks’ notice of any such removal or change.
1.17.3 If we need to suspend the supply of any Product that you have purchased, we will use our reasonable efforts to contact you in advance to tell you that we are suspending supply, unless the problem is urgent or an emergency. Other than in the event of a Force Majeure Event (as defined in section 1.23.1 below) or in the event of your breach of these Terms, if we suspend the Product for longer than 30 consecutive days we will extend your access to the Product for a period that is equivalent to the duration of the period in which your access was suspended.
1.18.1 We reserve the right to remove any Products or any content from our site permanently with immediate effect.
1.18.2 We will use our reasonable efforts to provide you with 4 weeks’ notice before we withdraw or remove any Products that you have already paid for, and in such an event, except as otherwise set out in Part 2 with respect to Digital Subscription Services, we will either:
1.18.2.1 provide you with a mutually agreed replacement Product (such replacement Product to be no more expensive than the original Product that was withdrawn or removed); or
1.18.2.2 refund any sums you have paid in advance for the Products to the extent that they are no longer being supplied.
1.19.1 For the purposes of this section 1.19, “Intellectual Property Rights” means all patents, rights to inventions, copyright and related rights, trade marks, trade names, rights to use domain names, rights in get-up, goodwill and the right to sue for passing off and unfair competition, rights in designs, rights in computer software, database rights, topography rights, rights to use and preserve the confidentiality of information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications (or rights to apply) for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.
1.19.2 We are the owner or the licensee of all Intellectual Property Rights in the Products and in all content contained on our site, including without limitation all training courses, digital content, webinar content and materials. These works are protected by copyright laws and treaties around the world. All such rights are reserved. You acknowledge and agree that you obtain no rights or interest in the Intellectual Property Rights in the Products or in any other content contained on our site other than the licence granted pursuant to section 1.19.3 below, and nothing in these Terms shall be construed as an assignment or transfer of any Intellectual Property Rights to you.
1.19.3 Subject to receipt in full from you of the applicable payment amounts as set out in the applicable Order, we grant to you (unless otherwise agreed by us in writing) a limited, non-exclusive, revokable, non-sublicensable, non-transferable licence, solely for the duration listed in the applicable Order, to use the Products listed in the applicable Order solely for the purpose of your own professional development (or such other purpose as is identified in your Order and agreed by us in writing).
1.19.4 The licence granted in section 1.19.3 above shall immediately and automatically terminate upon (i) expiration of the duration for the licence listed in the applicable Order, and (ii) termination of your contract with us for any reason, including without limitation pursuant to section 1.20 below.
1.19.5 You may not use the Products or any content on our site in any manner that infringes intellectual property rights. For restrictions on usage, please refer to Section 18 in our Terms of Use.
Our contract with you shall automatically and immediately terminate upon the expiration of the duration of the licences listed in all applicable active Orders submitted by you, unless renewed.
1.21.1 We can terminate our contract with you and withdraw your access to our site, cease your use of any Products and claim any compensation due to us (including enforcement costs) with immediate effect if:
1.21.1.1 subject to section 1.21.1.3 you breach any material term of these Terms and do not remedy any such breach within 30 days of receiving written notice (email is sufficient) from us notifying you of the breach;
1.21.1.2 you share your account details or your access to any of our Products with any other person or third parties without our consent;
1.21.1.3 you do not make any payment to us when due and you still do not make payment within 10 days of us reminding you that payment is due;
1.21.1.4 you do not, within a reasonable time of us asking for it, provide us with information, cooperation or access that we need to provide the Products; or
1.21.1.5 you misuse the Products or our site or use the Products or any content on our site in any way that is not permitted by these Terms.
1.22.1 You may terminate the contract with us if we breach any material term of these Terms and do not remedy any such breach within 30 days of receiving written notice (email is sufficient) from you notifying us of the breach.
1.22.2 If you terminate the contract with us in accordance with section 1.22.1, we will refund you for any Products to the extent that we have not provided those Products. This is the sole remedy you will have under these Terms.
1.22.3 To terminate the contract with us, please let us know by telephone at 03330 093 090 or email at emails@redwhale.co.uk . Please provide your name, details of the Order and email address when you provide us with the termination notice.
1.23.1 We shall have no liability to you under these Terms if we are prevented from or delayed in performing our obligations under these Terms, or from carrying out our business, by acts, events, omissions or accidents beyond our reasonable control, including, without limitation, pandemic, epidemic, strikes, lock-outs or other industrial disputes (whether involving our workforce or any other party), failure of a utility service or transport or telecommunications 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, storm or default of suppliers or sub-contractors (a “Force Majeure Event”), provided that we use reasonable efforts to notify you of such an event and its expected duration. As long as we do this, subject to section 1.23.2, we will not be required to compensate you for the delay.
1.23.2 Either you or we may terminate the contract if any Force Majeure Event prevents us from performing our obligations under these Terms for a period of more than 60 consecutive days. In such circumstances, you can contact us at emails@redwhale.co.uk to terminate the contract and receive a refund to the extent you have paid for Products in advance, but not received them.
Upon termination or expiry of our contract with you, or termination or expiry of the licence as set out in section 1.19.4, unless expressly agreed by us in writing, your access to our Products will immediately cease.
1.25.1 Our Products are provided for general information and general professional development only and are provided without any guarantees, conditions or warranties as to their accuracy. Our Products are not intended to amount to advice on which you should rely and should not replace your professional, clinical judgement, and any use of our Products must be within the scope of your medical practice. We expressly exclude all implied conditions, warranties, representations or other terms that may apply to our Products, our site or any content on our site.
1.25.2 Subject to section 1.25.4, we will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with your use of, misuse of, or reliance on the Products or any content displayed on our site.
1.25.3 Subject to section 1.25.4, we will not be liable to you for any:
1.25.3.1 loss of profits, sales, business, or revenue (whether as a direct or indirect loss)
1.25.3.2 business interruption;
1.25.3.3 loss of anticipated savings;
1.25.3.4 loss of business opportunity, goodwill or reputation;
1.25.3.5 property damage;
1.25.3.6 loss or corruption of data;
1.25.3.7 loss of venue hire or catering costs; or
1.25.3.8 any indirect, consequential or special loss or damage.
1.25.4 Nothing in these Terms limits any liability which cannot legally be limited, including liability for:
1.25.4.1 death or personal injury caused by negligence;
1.25.4.2 fraud or fraudulent misrepresentation; and
1.25.4.3 breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession).
1.25.5 Subject to section 1.25.4, our total aggregate liability to you for all claims or losses arising under or in connection with any contract between us or the supply of Products pursuant to these Terms and any Additional Terms (as applicable), whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the higher amount of: (i) the total sums paid by you to us for the Products giving rise to the claim or loss; or (ii) £100.
1.26.1 You agree to indemnify us, including our respective officers, directors, employees, agents, information providers and licensors, parent companies, subsidiaries and affiliates on demand against all liabilities, costs, expenses, damages and losses (including but not limited to any direct, indirect, special or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other reasonable professional costs and expenses) suffered or incurred arising out of or in connection with:
1.26.1.1 any breach by you of any of these Terms or the Additional Terms or the misuse of our site or Products;
1.26.1.2 your reliance (or any of your affiliates’ or your/their personnel’s reliance) on any information displayed or provided in the Products or on our site; or
1.26.1.3 any use of our Products or our site by you that are not permitted by these Terms or the Additional Terms.
How we use any personal data you give us is set out in our Privacy and Cookie Policy.
1.28.1 If you wish to complain about any of our Products, please contact us at emails@redwhale.co.uk.
1.28.2 These Terms of Sale, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.
1.29.1 These Terms of Sale, along with the Additional Terms incorporated herein and, where applicable, any separate Terms and Conditions for Commissioners that you enter into directly with us, constitute the entire agreement between you and us. Both you and we acknowledge that in entering into these Terms you and we have not relied on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms.
1.29.2 Nothing in these Terms are intended to, or shall be deemed to, establish any partnership or joint venture between you and us, constitute either you or us the agent of the other, or authorise you or us to make or enter into any commitments for or on behalf of the other party.
1.29.3 We can assign or transfer our contract with you, so that a different organisation is responsible for supplying your Product. We will contact you to let you know if we plan to do this.
1.29.4 You may not assign or transfer your contract with us without our prior written consent.
1.29.5 These Terms do not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these Terms.
1.29.6 If any provision or part-provision of these Terms is or becomes invalid, illegal or unenforceable, it shall be deemed deleted, but that shall not affect the validity and enforceability of the rest of these Terms.
1.29.7 A waiver of any right or remedy is only effective if given in writing and shall not be deemed a waiver of any subsequent right or remedy. A delay or failure to exercise, or the single or partial exercise of, any right or remedy shall not waive that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy.
2.1 This Part 2 applies only to the digital products or content that are made available on our site only through our paid-for subscription service (the “Digital Subscription Services”). Our Digital Subscription Services are subject to subscription fees and provide you with access to specified elements of our digital products or content for a specified period of time, depending on the Digital Subscription Service that was purchased (including but not limited to Red Whale Knowledge and Red Whale Unlimited). Any such products or content that can be purchased or made available through the Digital Subscription Services shall be referred to in this Part 2 as the “Subscription Products”.
2.1.1 Licence. When you sign up to, and pay for, any Digital Subscription Services we grant you a licence to use the specified Subscription Products for the duration of the subscription term on the terms set out in section 1.19.3. You must not share your access to, or allow anyone else to view, the applicable Subscription Products accessed through your user account or otherwise.
2.1.2 Fee. The monthly or annual fee for our Digital Subscription Services (which include VAT) will be at the price indicated on our site at the time that your Order is confirmed by us, or at the time of any renewal.
2.1.3 Minimum 12-month subscription term. The minimum subscription term for our Digital Subscription Services is 12 calendar months and starts following completion of the Order and receipt of the first (monthly or annual) payment.
2.1.4 When you must pay and how you must pay. You must pay the monthly fee on a monthly basis and the annual fee on an annual basis in advance, as applicable. You can pay for the Digital Subscription Services using a credit card or debit card in accordance with the instructions set out on our site.
2.1.5 Renewals. At the end of any minimum subscription term, the monthly payment subscription will automatically renew for further periods of 1 month at the price that is then displayed on our site or as otherwise notified to you unless you notify us that you do not wish for the subscription to renew by notifying us at emails@redwhale.co.uk or by following the instructions via your account.
2.1.6 Ending an on-going contract. Subject to section 2.1.3, we will tell you when and how you can end a contract for Digital Subscription Services during the order process and we will confirm this information to you in writing before any renewal. You will not be entitled to a refund if you terminate any of the Digital Subscription Services early.
2.1.7 When we will provide the Subscription Products. Once you have submitted an Order we will let you know when you can login and have access to the applicable Subscription Products. We will continue to provide you with access to the applicable Subscription Products for the duration of the minimum subscription term and any renewal term.
2.1.8 We are not responsible for delays. If your access to the Subscription Products is delayed for any reason other than a Force Majeure Event (as defined in section 1.23.1) we will use reasonable efforts to contact you as soon as possible to let you know and to take steps to minimise the effect of the delay. If any such delay persists for a period of more than 60 consecutive days, we will extend the subscription term for a period that is equivalent to the duration of any such delay. For the avoidance of doubt, any extensions pursuant to this section 2.1.8 will be to the applicable Digital Subscription Services as a whole and not to any individual Subscription Products.
2.1.9 Suspension of the subscription. We may suspend the Digital Subscription Services for any reason at our discretion. If we suspend the Digital Subscription Services, we will use reasonable endeavours to contact you in advance to tell you we will be suspending the Digital Subscription Services (unless the problem is urgent or an emergency). Other than in the case of a Force Majeure Event (as defined in section 1.23.1) or in the event of your breach of these Terms, if we suspend the Digital Subscription Services for longer than 30 consecutive days we will extend the Digital Subscription Services for a period that is equivalent to the duration of the period in which your access was suspended.
2.1.10 We may also suspend the subscription if you do not pay. If you do not pay us when you are supposed to and you still do not make payment within 10 days of us reminding you that payment is due, we may suspend your access to the Digital Subscription Services until you have paid us the outstanding amounts. We may also charge you interest in accordance with section 1.13. We will contact you to tell you we are suspending the subscription.
2.1.11 We may make changes to our Subscription Products. We may make changes to any of our Subscription Products (including without limitation any digital content and the content of our courses, webinars and other materials) at any time throughout the duration of your subscription without giving rise to any claims on your part. Any such changes may include, without limitation, removing, replacing or altering any Subscription Products, events or content included as part of your subscription.
3.1 Face-to-face courses. This Part 3 applies only to the in-person training and professional educational courses provided by us and for sale on our site on venues and dates specified by us.
3.2 What is included. Subject to receiving full payment, we provide you with a place on the applicable course at the venue and on the date specified in your Order as well as all relevant course materials (subject to section 3.3 below). We will also provide lunch and refreshments on the day of the course, subject to any applicable dietary requirements (which you must notify us of before the date of the course).
3.3 Licence. We grant you a licence to use the course materials on the terms set out in section 1.19.3. Any materials we provide must not be shared with any third parties or copied, changed or reproduced without our prior written consent.
3.4 Fees. The chargeable fee that you will need to pay for any face-to-face course will be the fee that is set out on our site or in our marketing communication and in the basket before you submit your Order. It will also be included in the email confirmation for the Order.
3.5 Course discounts. Should you receive a discount code, you must use it when making your booking. Codes are for your use only and should not be shared with third parties. We will not apply any discounts after the course has taken place.
3.6 When you must pay and how you must pay. You must pay using a credit card, debit card or voucher code at the time of submitting your Order.
3.7 Course information. You will receive course confirmation upon completing your Order and instructions on how to join the course will be emailed to you 8 days before the day the course is due to take place. Please check your junk or spam folder if you do not receive this information or contact us at emails@redwhale.co.uk. If you book a course less than 8 days prior to the date of the course, you will only receive a confirmation email confirming the Order – in such circumstances please contact us at emails@redwhale.co.uk if you need instructions on how to get to your course.
3.8 Attendance. You are responsible for making your way to the course on the day and at the time advertised. We are not responsible for any delays due to public transport, weather and strikes. Non-attendance of the course without prior notice will be treated as an on the day cancellation.
3.9 Changes to our face-to-face courses. We may change the date or venue of a face-to-face course at our discretion if it becomes necessary to do so. In such an event we will notify you as soon as possible communicating the new venue or date. If you cannot attend the new venue or date, we will offer you a digital alternative and we will courier any physical course materials to the address you used when booking (or such other address that you notify to us in writing).
3.10 We reserve the right to cancel. We may cancel a face-to-face course if it becomes necessary to do so. In such an event we will notify you as soon as possible offering you a digital alternative and we will courier any course materials to the address you used when booking (or such other address that you notify to us in writing). If an alternative course is available, we will give you the opportunity to defer your place for an alternative course on a different date/location without any additional costs. If you are unable to attend any of the alternative dates or locations offered and there is no digital version of the course available, and provided that you are not in breach of these Terms at the time of cancellation, we will provide you with a refund for the applicable training course that was cancelled by us upon written request from you.
3.11 Cancellation by you. If you can no longer attend a face-to-face course you may substitute someone else free of charge to take your place. If you need to cancel your booking for a face-to-face course for any reason, please inform us as soon as possible at emails@redwhale.co.uk. Depending on when you notify us of the cancellation we may provide you with a refund for the cancelled course, subject to us being entitled to retain a cancellation fee at the following rates:
3.11.1 0% of the course fee if you notify us of the cancellation more than 10 weeks before the course date;
3.11.2 50% of the course fee if you notify us of the cancellation within 5 to 10 weeks of the course date; or
3.11.3 100% of the course fee if you notify us of the cancellation less than 5 weeks before the course date, including on the day of the course.
4.1 Training courses. This Part 4 applies only to the in-person (face-to-face) and live digital training and educational courses provided by us (including without limitation Study Day Live – SDL) that have been commissioned and/or paid in full or in part by any third party organisations (including but not limited to ICSs, ICBs, VTS Training schemes, Training hubs, NHS England, Cancer alliances etc) (a “Commissioner”) on behalf of groups of clinicians.
4.2 Course materials. Subject to receiving full payment from you and/or the Commissioner (as applicable), when we provide you with training courses we grant you a licence to use the course materials on the terms set out in section 1.19.3. Any materials we provide must not be shared with any third parties or copied, changed or reproduced without our prior written consent.
4.3 Fees. The chargeable fee, if any, that you will need to pay for any training course will be the fee that is set out in the marketing communication shared with you by the Commissioner and in the basket before you submit your Order. It will also be included in the email confirmation for the Order.
4.4 Course discounts. As agreed with the Commissioner, you might be entitled to discounts on the price of the course, subject to restrictions set out by the Commissioner. To benefit from a discount, you must use the discount code and follow the instructions provided to you by the Commissioner when submitting your Order. Commissioner provided discount codes are for your use only and should not be shared with third parties. We will not apply any discounts after the course or webinar has taken place. By using the discount code and proceeding with the booking, you are giving us permission to share the details of your booking with the Commissioner to determine your eligibility.
4.5 When you must pay and how you must pay. You must pay using a credit card, debit card or voucher code at the time of submitting your Order.
4.6 Course information. You will receive course confirmation upon completing your Order and instructions on how to join any live course or webinar will be emailed to you 7 days prior to the date of the course. You will also receive a reminder email the day before the course is due to take place. Please check your junk or spam folder if you do not receive this information or contact us at IHC@redwhale.co.uk. If you submit your Order on the day of the course you will only receive a confirmation email confirming the Order – in such circumstances please contact us at IHC@redwhale.co.uk if you have trouble accessing your course.
4.7 Changes to our training courses. We reserve the right to amend the courses where it is unavoidable or to make other minor changes that may be necessary due to unforeseen circumstances. We may, at our sole discretion and upon providing you with reasonable notice where practicable, change any face-to-face training courses to instead be delivered by video, video link, video stream or on demand, and we will courier any course materials to the address you used when booking (or such other address that you notify to us in writing).
4.8 Administration. Where you fail to comply with these Terms, we reserve the right to charge all costs incurred in connection with the administration of all related activities.
4.9 Cancellation terms. If you need to cancel your booking for a training course, please contact us as soon as possible at IHC@redwhale.co.uk so that your place can be given to another person. Any cancellations may be subject to an administrative charge that we will notify at the time of cancelling.
4.10 We reserve the right to cancel. We may cancel any training course if it becomes necessary to do so for any reason. In the event of any such cancellation we will notify you as soon as possible and offer you any alternatives (if applicable) as agreed with the Commissioner, which may include a refund for any fees you might have previously paid.