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The following are the Terms of Business for Customers purchasing products or services from Hogrefe Ltd.
1.1. The following definitions apply in these Terms of Business:
Authorised User means a person who has successfully completed a Hogrefe training course or workshop, or other (external) training that gives them the expertise to administer Products, and who has registered with Hogrefe.
Business Day means a day, other than a Saturday, Sunday or public holiday in England, when banks in London are open for business.
Contract means the contract between Hogrefe and the Customer for the supply of Products or Services or Products and Services in accordance with these Terms and Conditions.
Customer is any organisation or person purchasing Hogrefe Products or Services or the registered user of Hogrefe Products and Services.
Hogrefe means Hogrefe Ltd, a company registered in England and Wales (company number 488331) with its registered office at Hogrefe House, Albion Place, Oxford OX1 1QZ.
Intellectual Property Rights means patents, rights to inventions, copyright and neighbouring and related rights, moral rights, trade marks and service marks, business names and domain names, rights in get-up and trade dress, goodwill and the right to sue for passing off or unfair competition, rights in designs, rights in computer software, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets), and all other intellectual property rights, in each case whether registered or unregistered and including all applications and 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.
Products means test and training materials in printed, electronic, online, or any other form.
Services means training and consulting in any format, including face-to-face and online.
Standards means Hogrefe guidelines for ethical use of Products.
1.2 A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality).
1.3 A reference to a party includes its personal representatives, successors and permitted assigns.
1.4 A reference to legislation or a legislative provision is a reference to it as amended or re-enacted. A reference to legislation or a legislative provision includes all subordinate legislation made under that legislation or legislative provision.
1.5 Any words following the terms including, include, in particular, for example or any similar expression shall be interpreted as illustrative and shall not limit the sense of the words preceding those terms.
1.6 A reference to writing or written includes email.
2.1 Purchases of Products must be made by or on behalf of an identifiable Authorised User who is qualified to use the Product and has registered with Hogrefe.
2.2 Products must be used in compliance with the best practice promoted by Hogrefe, the British Psychological Society and other professional bodies and the Standards. Hogrefe reserves the right to decline to supply Products if the Customer fails or refuses to comply with the foregoing requirements for administering Products.
2.3 Where a Customer is based outside of the UK, the Customer will need to demonstrate that they are authorised to use Products or that they have the necessary experience and professional standing. Further information on Qualifications can be found here.
2.4 The pricing and specification of Hogrefe Products and services is correct at the time of publication in Hogrefe’s price lists, data sheets, catalogues, websites or other relevant publications. Hogrefe reserves the right to change the prices of materials and services or withdraw Products without notice.
2.5 Any samples, drawings, descriptive matter or advertising issued by Hogrefe and any descriptions of the Products or illustrations or descriptions of the Services contained in Hogrefe's data sheets, catalogues, websites or other relevant publications are issued or published for the sole purpose of giving an approximate idea of the Products and Services described in them. They shall not form part of the Contract nor have any contractual force.
3.1 Customer orders received for Products and Services will be processed on the basis that the Customer is purchasing Products and Services subject to these Terms of Business. These Terms and Conditions apply to the Contract to the exclusion of any other terms that the Customer seeks to impose or incorporate, or which are implied by law, trade custom, practice or course of dealing.
3.2 Hogrefe will accept orders by the following means: Purchase Order, Email, Letter of Instruction, Online (webshop) Order. Customer should supply delivery requirements and shipping address with their order.
3.3 When ordering Products that require an approved level of competence in administration of the Products the Customer must provide Hogrefe with the Authorised User name and details.
3.4 When a Customer orders Products that include computer software, online delivery, or other electronic or digital components, the Customer accepts that they are only entitled to use this in accordance with any applicable software licence, whether this is Hogrefe software or third party software. The Customer agrees to be bound by the terms of any software licence that relates to the supply of Products.
3.5 Hogrefe accepts orders from Customers, and Customers place orders with Hogrefe, on the strict understanding that Products supplied by Hogrefe must not be copied in any form. Any form of unauthorised copying is in breach of these Terms of Business and the publishers’ Intellectual Property Rights.
4.1 Hogrefe normally despatches orders received for stock item Products within one Business Day of receipt of order. For orders with a time sensitive delivery requirement the Customer must communicate with the Hogrefe Customer Support Team over delivery arrangements. Any dates quoted for delivery of the Products are approximate only, and the time of delivery is not of the essence.
4.2 Standard delivery charges to cover shipping and packaging will apply to all Products shipped outside of the UK other than those delivered in electronic/online format.
4.3 International shipments may be subject to customs brokerage fees, import duties, and taxes after the shipment reaches the destination country. Additional charges are the responsibility of the recipient. Customs policies vary greatly among countries; please contact your local customs office for information.
5.1. Hogrefe’s online assessment platform is called the Hogrefe Testsystem (HTS). Delivery of HTS Products is usually one Business Day. Customers wishing to use HTS must agree to the HTS Terms and Conditions and the read and agree to the data protection policy. To read these, please click here.
5.2 Hogrefe also grants access to certain Products and Services via third party platforms managed by our publishing partners. In these instances it is the responsibility of the Customer to read and understand the data protection information provided by the publisher in place on those platforms.
5.3 Delivery of test accounts and Products (test credits) on third party platforms is usually one to three Business Days. Please check with Hogrefe for service delivery times.
Training and services are covered by additional terms; please find them here. These additional terms are incorporated into the Contract by reference and apply in addition to these Terms and Conditions.
7.1 For Customers with approved credit accounts, payment terms will unless otherwise agreed in writing be 30 days from the date of the invoice, providing the Customer is within their approved credit limit and payment terms are up to date.
7.2 If a Customer does not have a credit account with Hogrefe, all orders must be paid for in full prior to shipment/delivery. Customers may request a pro-forma invoice. Hogrefe will issue a pro-forma invoice in compliance with such request. Full payment is required against pro-forma invoice prior to shipment/delivery of materials. Hogrefe will also accept payment by credit or debit card using our accepted online payment systems.
7.3 It is a condition of these Terms of Business that the Customer may not use Product materials until payment has been received by Hogrefe in full. Failure to pay for Product materials in full may lead to Hogrefe repossessing Product materials that have not been paid for.
7.4 All amounts payable by the Customer under the Contract are exclusive of amounts in respect of value added tax chargeable from time to time (VAT). Where any taxable supply for VAT purposes is made under the Contract by Hogrefe to the Customer, the Customer shall, on receipt of a valid VAT invoice from Hogrefe, pay to Hogrefe such additional amounts in respect of VAT as are chargeable on the supply of the Services or Products or both, as applicable, at the same time as payment is due for the supply of the Services or Products.
7.5 If the Customer fails to make a payment due to Hogrefe under the Contract by the due date then the Customer shall pay interest on the overdue sum from the due date until payment of the overdue sum, whether before or after judgment. Interest under this clause 7.5 will accrue each day at 4% a year above the Bank of England's base rate from time to time, but at 4% a year for any period when that base rate is below 0%.
7.6 All amounts due under the Contract shall be paid in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
8.1 Hogrefe warrants that on delivery Products will be free from material defects in design, material and workmanship and of satisfactory quality within the meaning of the Sales of Goods Act 1979. Hogrefe warrants that Services will be performed with reasonable skill and care.
8.2 Claims for breach of the warranties in clause 8.1 or non-delivery of Products should be made in writing to the Hogrefe Customer Support Team quoting invoice number and order details within the following timescales:
a) Within 3 days of receipt of materials in respect of damage or order discrepancies.
b) Within 7 days of despatch in respect of non-delivery.
c) Within 14 days of despatch for defective Products.
Hogrefe’s liability is limited at Hogrefe’s option to either replacement of Products or reperformance of the Services or refund of the price of the Products or Services
8.3 Hogrefe will not accept Products for return without prior notification. A Customer wishing to return Products should contact our Customer Support Team with an explanation of why they wish to return Products and authorisation is to be obtained within two weeks of despatch. Except in the case of defective Products Hogrefe reserves the right to charge a restocking fee of 10% of the value of Products purchased; shipping charges for the return of materials are the responsibility of the Customer. Customers must return Products for arrival at Hogrefe within two weeks of return authorisation being given.
8.4 No refund will be given if non-defective Products returned are received in a damaged or unsalable condition. Hogrefe recommends that Customers return goods by a traceable route with proof of delivery to avoid possible dispute.
8.5 Refunds for other reasons (other than breach of warranty or non-delivery) may be given at the discretion of Hogrefe. Refunds will not be considered after a period of 60 days.
9.1 The Customer represents warrants and undertakes that:
9.1.1 They will ensure that only Authorised Users trained in the administration of supplied Products will be allowed to administer Products and that they will adhere to best practice guidelines.
9.1.2 The Customer shall not, and shall ensure that the Authorised User shall not, licence, exchange, lend, give or otherwise dispose of Products to third parties or act as agent, distribution channel or stockist of the Products, other than providing them to individuals in order for those persons to be assessed under the Authorised User’s supervision.
9.2 The Customer shall co-operate with Hogrefe in all matters relating to the performance of any Services.
10.1 All Products and materials supplied by Hogrefe and outputs of Services are protected by Intellectual Property Rights. The Customer must not copy or modify Products or the output of Services in whole or in part, in any form, or store Products or the output of Services in a database or computer software system by any process whatsoever except where expressly permitted by law or by licence.
10.2 All Intellectual Property Rights in the Products or arising out of or in connection with the Services shall be owned by Hogrefe or its licensors and are reserved.
11.1 References to liability in this clause 11 include every kind of liability arising under or in connection with the Contract including liability in contract, tort (including negligence), misrepresentation, restitution or otherwise.
11.2 Nothing in the Contract limits any liability for:
11.2.1 death or personal injury caused by negligence;
11.2.2 fraud or fraudulent misrepresentation;
11.2.3 any liability that legally cannot be limited.
11.3 Subject to clause 11.2, Hogrefe’s liability resulting from provision of Products and Services will not exceed the price of the Products or Services purchased by the Customer.
11.4 Subject to clause 11.2, the following types of loss are wholly excluded:
11.4.1 loss of profits;
11.4.2 loss of sales or business;
11.4.3 loss of agreements or contracts;
11.4.4 loss of anticipated savings;
11.4.5 loss of use or corruption of software, data or information;
11.4.6 loss of or damage to goodwill; and
11.4.7 indirect or consequential loss.
11.5 This clause 11 shall survive termination of the Contract.
12.1 Each party undertakes that it shall not at any time disclose to any person any confidential information concerning the business, assets, affairs, customers, clients or suppliers of the other party or of any member of the group of companies to which the other party belongs, except as permitted by clause 12.2.
12.2 Each party may disclose the other party's confidential information:
12.2.1 to its employees, officers, representatives, contractors or subcontracts or advisers who need to know such information for the purposes of exercising the party's rights or carrying out its obligations under or in connection with the Contract. Each party shall ensure that its employees, officers, representatives or advisers to whom it discloses the other party's confidential information comply with this clause 12; and
12.2.2 as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority.
12.3 No party shall use any other party's confidential information for any purpose other than to exercise its rights and perform its obligations under or in connection with the Contract.
13.1 Force Majeure. Neither party shall be liable for any delay or failure in the performance of its obligations for so long as and to the extent that such delay or failure results from a matter beyond its reasonable control.
13.2 Assignment. Hogrefe may at any time assign, mortgage, charge, subcontract, delegate, declare a trust over or deal in any other manner with any or all of its rights and obligations under the Contract. The Customer shall not assign, transfer, mortgage, charge, subcontract, delegate, declare a trust over or deal in any other manner with any of its rights and obligations under the Contract without the prior written consent of Hogrefe.
13.3 Severance. If any provision or part-provision of the Contract 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 the Contract.
13.4 Waiver. A waiver of any right or remedy under the Contract or by law is only effective if given in writing and shall not be deemed a waiver of any subsequent right or remedy. A failure or delay by a party to exercise any right or remedy provided under the Contract or by law shall not constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict any further exercise of that or any other right or remedy. No single or partial exercise of any right or remedy provided under the Contract or by law shall prevent or restrict the further exercise of that or any other right or remedy.
13.5 No partnership or agency. Nothing in the Contract is intended to, or shall be deemed to, establish any partnership or joint venture between the parties, constitute either party the agent of the other, or authorise either party to make or enter into any commitments for or on behalf of the other party.
13.6 Entire agreement. The Contract constitutes the entire agreement between the parties. Each party acknowledges that in entering into the Contract it does not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in the Contract. Each party agrees that it has no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in the Contract.
13.7 Third Party Rights. The Contract does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Contract. The rights of the parties to rescind or vary the Contract are not subject to the consent of any other person.
13.8 Variation. No variation to these Terms of Business is permitted unless in writing and signed by a director of Hogrefe or their designated signatory.
13.9 Governing law. The Contract and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the law of England and Wales.
13.10 Jurisdiction. Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with the Contract or its subject matter or formation.
To read our HTS Terms and Conditions and data protection policy, please click here.
