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Terms and Conditions of Sale

  1. General Information

    1. These Conditions are supplemental to APCA's "Terms of Use" and "Privacy Policy" and tell you the terms and conditions on which APCA supply any of the goods and/or services listed on the APCA Website.  
    2. Please read these terms and conditions (the "Terms") carefully before ordering any goods and/or services from the APCA Website.  You should understand that by ordering any of our goods and/or services, you agree to be bound by these Terms. 
    3. You should print a copy of these Terms for future reference.
    4. Please click on the button marked "I Accept" at the end of these Terms if you accept them.  Please understand that if you refuse to accept these Terms, you will not be able to order any goods and/or services from the APCA’s Website.
  2. Definitions and Interpretation

    1. In these Terms the following definitions apply unless the context requires otherwise:

      "APCA" means African Palliative Care Association, a nongovernmental organisation registered in Uganda under NGO Registration number 4231 in 2003 whose registered office is located at Plot 850 Dr. Gibbons Road, Kampala.

      “Membership” constitutes membership in the APCA and, as such, shall be regulated by its Board of Governors.

      “Member” means an organisation or individual whose application for membership of APCA has been accepted by APCA.

      "APCA Website" means the website with the URL of www.africanpalliativecare.org

      “Registration” means the process of applying for APCA membership.

      “Resource” means any soft or hard copies of materials available on the APCA website for sale.

      "Event" means any training course or event offered by APCA, such as registration for the APCA triennial conference.        

      "Order" means an order for goods and/or services which is subject to these Terms.

      "you", "your" means the customer detailed on the order.

    2. In the event of any conflict, ambiguity or inconsistency between APCA’s "Terms of Use" and these Terms, these Terms shall prevail. 
  3. Membership Registration

    1. APCA membership registration is done online at the APCA website by clicking Sign up.
    2. Applicants must comply with the terms and conditions of APCA membership.
    3. Where your email address has been provided in the registration process, APCA will acknowledge receipt of your application.  Please note that such an acknowledgment does not mean that your registration has been accepted.  
    4. The applicant accepts to pay the membership fees in full; any transaction fees are undertaken by the applicant.
  4. Placing an Order

    1. The appearance of the goods or services on our Website is an invitation to you to make an offer to purchase them by placing an order with APCA.  To place your Order, please follow the steps set out on the APCA Website.
    2. Where your email address has been provided on the Order, APCA will acknowledge receipt of your Order.  Please note that such an acknowledgment does not mean that your Order has been accepted.  
    3. Acceptance will take place and be deemed complete and effectively communicated to you on the earlier of: a) the date of any confirmation email sent by APCA; b) despatch of the goods ordered; or c) delivery of the services ordered.
    4. If you do not receive a confirmation email we recommend that you first check your spam/junk box and then contact APCA to confirm that your Order has been received and processed.
    5. If, following acceptance of an Order, APCA does not supply the goods or services to you for any reason, APCA will not charge you for those goods or services and will refund any money already paid for them.  However, APCA will not be responsible for compensating you for any other losses which you may suffer if it does not supply the Goods or Services.
  5. Prices and Payment

    1. The prices payable for the goods and services (including any delivery charges) are as set out on the APCA Website.  All prices are stated in US dollars and are exclusive of any applicable sales tax, duty or VAT.
    2. Prices are liable to change at any time.  Subject to clauses 5.3 and 10.3, such changes will not apply to Orders of which APCA has already confirmed receipt.
    3. Whilst APCA tries to ensure that the prices and descriptions of the goods and services shown on the APCA Website are accurate at the time you place your Order, mistakes may sometimes occur.  If we discover a mistake in the price or description of the goods or services, APCA will contact you as soon as possible and give you the option to either re-order the goods or services at the correct price or description or to cancel your Order.  If APCA cannot contact you, it will treat the Order as having been cancelled.  If the Order is cancelled, APCA will not charge you for those goods or services and will refund any money already paid for them.
    4. APCA must receive payment of the price of the goods or services in full and cleared funds before your goods or services are delivered.  Payments must be through the online payment mechanisms available on the APCA website unless otherwise agreed in writing.  
  6. Your cancellation of an Order

    1. APCA's cancellation policy varies depending on the type of goods or services purchased.
      1. Events
        1. You may cancel an Order for a place at an Event provided that notice of such cancellation is received no less than 14 days prior to the day of the Event, in which case we shall refund 50% of the Event price to you.  Unless otherwise specified, any cancellation notices received less than 14 days prior to the day of the Event shall not be eligible for a refund.
        2. You may send a substitute attendee if the original attendee can no longer attend.
        3. Non-payment and/or non-attendance do not constitute valid cancellation and APCA reserves the right, in its sole discretion, to charge (and you agree to pay) the full Event price in such circumstances.
      2. Documents 
        1. APCA will automatically process an Order for downloadable documents as such; an Order for downloadable documents may not be cancelled.
        2. If you are a Consumer, please note that by submitting an Order for downloadable documents you agree to waive your right to the Cooling-off Period granted by the Regulations.  Therefore, if you wish to cancel your order and receive a full refund, you must notify APCA in writing before APCA prepares the documents.  Your other consumer rights are not affected.
    2. General Provisions
      1. To cancel an Order, you must inform us in writing.
      2. You must return any goods in respect of which an Order has been cancelled to APCA immediately, in the same condition in which you received them, and at your own cost and risk.  You have a legal obligation to take reasonable care of the goods while they are in your possession.  If you fail to comply with this obligation, APCA may have a right of action against you for compensation.
      3. If you cancel an Order and do not return the goods to APCA as required, APCA may charge you its direct costs of recovering the goods.
  7. Cancellation by APCA

    1. APCA reserve the right to cancel an Order which it has accepted if:
      1. APCA encounters technical problems in delivering the goods or services;
      2. the goods or services requested are no longer available, or;
      3. one or more of the goods or services you ordered was listed at an incorrect price due to a typographical error or an error in pricing information.
    2. If APCA cancels an Order pursuant to clause 7.1, APCA will notify you by e-mail and will re-credit to your account any sums already paid by you to APCA in accordance with clause 7.  APCA will not be liable for any compensation for disappointment or damages for any other loss suffered as a result of the cancellation.
  8. Refunds

    1. We will process all refunds due to you as soon as possible (and, in any event, where you are a Consumer, within 30 days of the date on which you notify us [or we notify you] of a wish to cancel).
    2. Refunds will usually be made using the same method originally used by you to pay for your purchase of the Goods.
  9. Delivery

    1. The method of delivery varies depending on the type of goods or services purchased.
      1. Training courses & events
        1. APCA will issue an email confirmation of a successful booking to the email address supplied on your Order as soon as possible following acceptance of the Order.
        2. APCA aims to confirm a booking within 10 days of the date of Your Order.
      2. Online Documents 
        1. APCA will deliver the documents (usually in either a Word or pdf format) to the email addressed supplied on your Order as soon as possible following acceptance of the Order.
        2. APCA aims to deliver the documents within 10 days of the date of Your Order.   You should notify APCA in writing at its contact address if you do not receive the documents within such a 10 day period.
      3. Other goods or services
        1. APCA will use its reasonable endeavours to deliver the goods or service on or around the estimated delivery date notified to you upon confirmation of acceptance of an Order.
        2. Where no estimated delivery date is provided, APCA shall deliver the goods or services within a reasonable period of time following acceptance of the Order.
  10. Defective Goods or Services

    1. If you have purchased any goods, then you may only return them to APCA if they are damaged or not substantially in accordance with your order specifications ("Defective Goods").  You may return any Defective Goods to us and we will, at your option, either replace the Defective Goods or give you a full refund of the price actually paid and any delivery charges reasonably incurred in receiving and returning the Defective Goods PROVIDED THAT you return them within a reasonable period of time after the date that you received them.
    2. If you receive Defective Goods you shall act reasonably when seeking redress and not incur any unnecessary costs.  In particular, you shall report faults as soon as reasonably practicable; and look after the Defective Goods with due care.
  11. Additional terms relating to Events

    1. APCA cannot guarantee that your booking for an Event is secure until payment has been received from you in full.  
    2. APCA reserves the right to increase the price of an Event at any time prior to the day of the Event due to any factors beyond our reasonable control.  APCA shall provide you with as much notice as reasonably possible of any such increases in price.
    3. You shall be responsible for all of your attendees and will indemnify APCA and keep APCA indemnified against all losses, damages, costs and expenses awarded against, or suffered or incurred by APCA or its suppliers as a result of the actions or omission of such persons.
    4. You shall provide APCA with such co-operation and information as it may reasonably require in relation to your attendance at the Event, including without limit details of any special requirements (such as dietary or access requests) that you may have.
    5. APCA shall inform you as soon as reasonably possible of any change to (for example, content, location or time) cancellation or postponement of an Event. Where an Event is cancelled or postponed APCA will contact you to rearrange a new event and, if you are unable to attend the revised event, APCA shall refund the price paid to you.
    6. The intellectual property rights (including, without limit, copyright and trade marks) arising out of, or in relation to, the Event (including, without limit, any materials provided by APCA) shall, as between APCA and you, remain vested in APCA.  You shall not be entitled to copy or distribute any of our materials or content provided to you prior to or during the Event without our prior written consent.
  12. Liability

    1. APCA warrants that:
      1. where you are a Consumer and purchase any goods from APCA through the APCA Website, such goods shall be of satisfactory quality or reasonably fit for purpose;
      2. where you purchase any goods from APCA through the Website, such goods shall correspond with the description on the APCA Website; and
      3. any services purchased from APCA through the APCA Website are performed with reasonable skill and care and correspond with the description on the APCA Website.
    2. APCA shall not be liable for any loss or damage to the goods where you have: (a) damaged the goods through your own activity or inactivity; (b) misused the goods and caused a fault (e.g. through the use of incompatible systems); or (c) attempted to repair the goods.
    3. APCA uses reasonable endeavours to ensure that all the content provided in any documents purchased from APCA is correct at the time of publication.  The content is provided in the documents on an information basis only and should not be relied upon.  No responsibility is accepted by APCA for any errors, omissions, or misleading content in the documents.
    4. APCA does not guarantee the accuracy, timeliness, completeness, performance or fitness for a particular purpose of the content supplied in any documents purchased from APCA.  It is your responsibility to select the correct document for your needs.  You should take legal advice regarding this if you are uncertain.  Likewise, completion of any blanks or alternatives is entirely your responsibility.  
    5. For the avoidance of doubt, if you purchase goods or services from APCA through the APCA Website, APCA does not warrant that the goods or services will be of satisfactory quality or reasonably fit for purpose.  It is your responsibility to ensure that the goods and services fulfil your requirements.  All conditions, warranties, stipulations and other terms which might otherwise be implied by statute, common law or the law of equity are excluded to the fullest extent permitted by law.
    6. Save as provided in clause 12.7:
      1. APCA's total aggregate liability to you in respect of any goods or services purchased from APCA through the APCA Website (whether in contract, tort (including, but not limited to, negligence) or strict liability or otherwise howsoever arising) shall not exceed the total price payable by you to APCA for such goods or services;
      2. APCA will not be liable for any claim to the extent that it relates to loss of profits, goodwill, business opportunity or anticipated savings, injury to reputation, third party losses or indirect, consequential or special loss or damage regardless of whether APCA knew or had reason to know of the possibility of the loss or damage in question; and
      3. APCA will not be liable for any delay in, or failure to comply with, its obligations (including, without limitation, a failure to provide an Event) to the extent that such failure results from circumstances beyond APCA's reasonable control.
    7. Nothing in these terms shall limit our liability for personal injury or death caused by our negligence, fraud or fraudulent misrepresentation and/or for any other loss or damage the exclusion or limitation of which is prohibited by English law.
  13. Data Protection, Privacy and Cookies

    APCA will ensure the confidentiality of your personal data and will not use it for any other purpose other for which is specified.

  14. APCA's right to vary these Terms

    APCA reserves the right to change these Terms at any time without prior notice to you.  The changes will not apply to any purchase where APCA have already confirmed receipt of your Order.

  15. Written communications

    1. APCA is required by law to provide certain information or communications to you in writing.  
    2. When using the APCA Website, you accept that communication with APCA will be mainly electronic.  APCA will contact you by e-mail or provide you with information by posting notices on the APCA Website.  You agree to this electronic means of communication.
  16. Governing Law

    Any dispute, controversy, proceedings or claim of whatever nature arising out of or in any way relating to these Terms shall be governed and construed in accordance with Ugandan  law. General

  17. Even though any contract between you and APCA relating to your purchase of the goods or services is concluded over the internet, you and APCA agree that it has been concluded in England in writing.

    1. You may not sub-contract, transfer or assign any rights and/or obligations under the Order without APCA's prior written permission.
    2. The remedies available to either you or APCA under the Terms shall not exclude or limit any other rights that you or APCA may have against each other. Any failure by us to enforce any of our rights under these Terms shall not affect our right to enforce them at a later date.
    3. If a court or other regulatory body finds that any part of these Terms is invalid or unenforceable, the remainder of them shall not be affected and shall be construed as if such invalid or unenforceable part did not exist.
    4. Nothing in these Terms is intended, or shall operate, to create a partnership or joint venture of any kind between us or to authorise either of us to act as agent for the other, and neither of us shall have authority to act in the name or on behalf of, or otherwise to bind the other in any way (including but not limited to the making of any representation or warranty, the assumption of any obligation or liability and the exercise of any right or power).
    5. These Terms are not intended to create and shall not create any rights, entitlements, claims or benefits enforceable by any third party by virtue of the Contracts (Rights of Third Parties) Act 1999.

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