Standard Terms and Conditions of Business

1.0 General

All agreements entered into whether oral or written shall be deemed to incorporate these Terms & Conditions and shall exclude all and any other Terms & Conditions stipulated by any other party or third party unless specifically agreed in writing & referenced as a change to these Terms & Conditions.

This page sets out the terms and conditions under which you may access and make use of the training services provided by BMR Health and Wellbeing Ltd.

In completing a course booking form or the issuance of a purchase order or an email with an explicit instruction of a booking or subscription, you agree to be bound by these Terms and Conditions.

In these Conditions:

MHFA England Courses are a service from BMR Health and Wellbeing Ltd, 2 Hampden Road, Flitwick, MK45 1HX.

“The Client” is any individual, sole trader, partnership, limited liability partnership, limited company, public limited company, charity, local government body, central government body or any other legal entity.

“The Agreement” means any agreement between BMR Health and Wellbeing Ltd and the Client.

BMR Health and Wellbeing Ltd will not assign, sub-contract or sub-let the fulfilment or performance of the Agreement or any part thereof without written consent from the client which will not be unreasonably withheld.

The Client shall not assign the benefit or burden of the Agreement without the written consent of BMR Health and Wellbeing Ltd which will not be unreasonably withheld.

2.0 Booking

A booking agreement exists when a formal purchase order is presented to BMR Health and Wellbeing Ltd from the client or an email with an explicit instruction of a booking or subscription is sent by the client or their representative to BMR Health and Wellbeing Ltd.

In making a booking you acknowledge that you have read, understood, and accepted to be bound by these Terms and Conditions.

3.0 Payment

The Client shall provide payment in the following manner.

In the case of training services;

  • Payment is due on the completion of a formal booking as described in 2.0 above and as per the payment terms stated on the invoice.

In the case of FlourishDx licenses;

  • Payment is due in advance on a monthly or annual basis.

BMR Health and Wellbeing Ltd reserve the right to suspend access to training for clients who have failed to make full payment on or before the start date of the training.

Course fees are not refundable.

4.0 Cancellation

Cancellation by BMR:

BMR Health and Wellbeing Limited reserve the right from time to time to suspend the provision of training without any prior notice in circumstances such as but not limited to:

  • Excessive client absence or postponement.

  • Major technical problems which would limit learning outcomes.

  • Act or default of any supplier agent or subcontractor.

  • A regulatory or statutory change limiting our ability to provide the service.

Where places on later courses are not available or acceptable the client shall be able to claim a full refund of fees.

Cancellation by Client:

If you cancel your booking the following charges will apply:

2 weeks before the date of the course, no charge will be incurred.

If we have already sent out your course materials we will deduct £50 to cover the cost of these from your refund.

Within 2 weeks of the course date, a 25% cancellation charge will apply.

Within 72 hours of the course date, 50% cancellation charge will apply.

Within 48 hours of the course date, a 75% cancellation charge will apply.

Within 24 hours of the course date, a 100% cancellation charge will apply.

5.0 Certification

Our MHFA courses are externally verified by MHFA England and certificates will only be awarded to those that have completed the full course to the standard required to achieve certification.

6.0 Intellectual property

All and any intellectual property rights of any kind whatsoever in any design, know-how, software, or technology which are used, developed, or created by BMR Health and Wellbeing Ltd in the course of producing and delivering the course material are and shall remain the exclusive property of BMR Health and Wellbeing Ltd.

Any recordings of sessions can only be done with prior agreement from BMR Health and Wellbeing Ltd and can only be used for internal purposes only.

7.0 Confidentiality

BMR Health and Wellbeing and the Client agree that they shall protect the confidentiality of the Confidential Information and shall not disclose or use any Confidential Information received by them except as provided below:

Either party may only disclose Confidential Information, to those of its directors, officers, advisors, agents, representatives and employees who (i) need to know the Confidential Information for the purpose of carrying out the agreed work in relation to the Business; and (ii) are informed that the information constitutes Confidential Information for the purposes of this Agreement and expressly agree to be bound to the other party by the terms and conditions of this Agreement;

with the written consent of the other party;

which at the time it was provided to that party was in the public domain or which has come into the public domain other than as a result of that party’s breach of this undertaking;

which it is required by law (or any regulation having the force of law) or subpoena or legal process to disclose or is required by that party’s regulatory authorities.

At the request of one party, the other party shall promptly return all Confidential Information originally provided by the requesting party together with all copies in existence.

Neither party makes any representation or warranty as to the accuracy or completeness of the Confidential Information.

8.0 Variation, Waiver & Representation

No variation, alteration or waiver of these Conditions shall be of any effect unless made in writing and signed by a director of BMR Health and Wellbeing. Any failure by either party in exercising any right, power, or privilege secured within these Terms and Conditions will not act as a waiver nor will any single or partial exercise preclude any further exercise of any other right, power or privilege.

9.0 Data processing

BMR Health and Wellbeing is committed to being transparent about how we collect, store and process data and to meeting our data protection obligations. When dealing with an employee, client or media subscribers’ personal data we aim to be fully GDPR compliant. For further information please review our Privacy and Cookie Policy, here.

10.0 Prevalence of Conditions & Severance

These Conditions shall prevail over any other terms of agreement or purchase in all cases & circumstances what so ever and no term in The Client’s terms of agreement or purchase to the contrary or inconsistent effect to these Conditions shall not have any force or affect what so ever. If at any time one or more of the provisions of these Terms and Conditions should be determined to be illegal, invalid or otherwise unenforceable, it shall be severed and deleted and the remaining terms and conditions shall survive, remain in full force and effect and continue to be binding and enforceable.

11.0 Governing Law

These Terms and Conditions are governed by English Law and The Client agrees to be bound by them and further agrees to submit to the exclusive and enduring jurisdiction of the English courts in connection with any dispute.

Reviewed and update April 2024.