Terms and Conditions
By accessing and using the “DTACS.org” website (“this Website”) you agree to observe and be bound by the following Terms and Conditions. If you do not agree to these Terms and Conditions, you should exit this Website immediately.
Information about us
www.dtacs.org is a site operated by SymsRudd Limited (“We”). We are registered in England and Wales under company number 09748262 and have our registered office at Kemp House, 152 City Road, London, EC1V 2NX.
We are an investigation and paralegal law firm. We are not solicitors.
You can contact us:
(a) by post, using the postal address given above;
(b) using our website contact form;
(c) by telephone, on the contact number published on our website from time to time; or
(d) by email, using the email address published on our website from time to time.
This Website is designed for information purposes only and you acknowledge that you are solely responsible for the use of it.
The contents of this website do not constitute legal or other professional advice. Any visitors to this site should seek appropriate legal guidance before coming to any decision or taking or refraining from taking any legal action.
Whilst SymsRudd Limited will take all reasonable care to ensure that the content on this Website is accurate, complete and up-to-date we do not guarantee or represent that the content and/or facilities available or accessible via this Website will always be accurate, complete or up-to-date or that access to it will be uninterrupted.
Before you rely on information found on this Website, you must verify this information with the appropriate sources.
2. No warranties
This Website and its contents are provided on an “as is” basis and without any representation, term, condition or warranty of any kind, either express or implied (and whether implied by law, custom or otherwise) as to the condition, quality, performance, accuracy, suitability, fitness for purpose, completeness of this Website or its content or that the Website or the content will be provided uninterrupted, error free or free from viruses, trojan horses or other harmful material.
To the fullest extent permitted by law, SymsRudd Limited shall not be liable to any person or entity for any loss or damage including any consequential or indirect loss or damage or loss of profit which may arise in tort, contract or otherwise and arising out of or in relation to the use of any content on this Website or access to this Website or its unavailability.
3. Intellectual property rights
The intellectual property rights (including but not limited to copyright, design rights, trade marks and patents) in this Website and the content posted on this Website remain the property of SymsRudd Limited or the rightful content owner as the case may be. All such rights are reserved. Except as permitted under applicable law you may not use, copy, adapt, modify, sell, license, distribute, transmit, display, publish or create derivative works derived from this Website or the content or any part thereof without the prior written permission of SymsRudd Limited.
This Website may contain links to other websites solely for the convenience of users of this Website. If you use these links you will leave this Website. SymsRudd Limited does not endorse any such linked sites and assumes no responsibility for the contents of any other website to which this Website offers links.
You may not link to any part of this website without prior written consent from SymsRudd Limited and we reserve the right to withdraw such consent at any time.
5. Email correspondence
Our emails have a legal disclaimer contained on them. Any email sent by, or on behalf of DTACS.org and/or SymsRudd Limited, is confidential, legally privileged, and is sent for the personal attention of the intended recipient only. If you have received an email in error you are asked to delete it immediately. Any opinions or advice contained in any email and any attachments are subject to the governing client engagement letter, our Terms of Business and/or related communications. Opinions, conclusions and other information in any email and any attachments which have not been prepared by SymsRudd Limited are neither given nor endorsed by it.
SymsRudd Limited reserves the right at any time and without any notice to remove, amend or vary any of the content which appears on this Website, including these Terms and Conditions. You must check these Terms and Conditions regularly for any such changes.
If any part of these Terms and Conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.
9. Law and Jurisdiction
You agree that these Terms and Conditions and any claim relating to the use of this Website and the content will be governed and construed in accordance with the laws of England and Wales and that the courts of England and Wales shall have exclusive jurisdiction in respect of any dispute arising from access to or use of this Website.
10. Classroom based training and Online Training Course material download
10.1 Sections 10 to 30 of our terms and conditions govern the sale and supply of training courses through our website.
10.2 These sections of the terms and conditions shall cover both;
Sale and supply of training to be delivered in a classroom based environment, and,
Sale and supply of online training course materials and the use of those course materials when downloaded.
10.3 You will be asked to give your express agreement to these terms and conditions before you place an order on our website and this agreement covers all terms and conditions, sections 1 to 30 inclusive.
10.4 This document does not affect any statutory rights you may have as a consumer.
11.1 In these terms and conditions:
(a) “we” means SymsRudd Limited (and “us and “our” should be construed accordingly);
(b) “you” means our customer or prospective customer under these terms and conditions (and “your” should be construed accordingly);
(c) “classroom based” means any course we provide where the course takes place in a location provided as a single room or suite of rooms and where customers attend in person to take part in training in a face to face environment.
(d) “training course” means those courses, whether online or classroom based that are available for purchase on our website; and
(e) “course materials” means those course materials that are available for purchase on our website, whether as part of an online course or as documents required for you to take part in classroom based training; and
(f) “your course materials” means any such course materials that you have purchased through our website (including any enhanced or upgraded version of the course materials that we may make available to you from time to time).
12. Order Process
12.1 The advertising of training courses and course materials on our website constitutes an “invitation to treat” rather than a contractual offer.
12.2 No contract will come into force between you and us unless and until we accept your order in accordance with the procedure set out in this Section 3.
12.3 To enter into a contract through our website to purchase a place on a training course or for downloadable course materials from us, the following steps must be taken: you must add the training course or course materials you wish to purchase to your shopping cart, and then proceed to the checkout; if you are a new customer, you must then create an account with us and log in; if you are an existing customer, you must enter your login details; once you are logged in, you must consent to the terms of this document; you will be transferred to our payment service provider’s website, and our payment service provider will handle your payment; we will then send you an initial acknowledgement; and we will either send you an order confirmation (at which point your order will become a binding contract) or we will confirm by email that we are unable to meet your order.
12.4 You will have the opportunity to identify and correct input errors prior to making your order.
13.1 Our prices are quoted on our website.
13.2 We will from time to time change the prices quoted on our website, but this will not affect contracts that have previously come into force.
13.3 All amounts stated in these terms and conditions or on our website are stated inclusive of VAT.
14.1 You must, during the checkout process, pay the prices of the training course or course materials you order.
14.2 Payments may be made by any of the permitted methods specified on our website from time to time.
15. Classroom Based Training
15.1 We shall provide training services during appointments commencing on the date(s) and at the time(s) either specified in the confirmation email or, if re- scheduled due to circumstances, by further electronic communication.
15.2 On payment of the full price you shall be sent the details of the time, date and location of the training session.
15.3 We shall notify you at the same time of any need to download course training material or to complete any pre-course training sessions as listed in the course description.
15.4 You shall attend the training session promptly. We, or the agent we have contracted to deliver the training session, reserve the right to refuse access to the training course if you attend more than 15 minutes after the scheduled start time.
15.5 You shall bring with you suitable, official identification such as a passport, driver licence or other form of photographic identification. If you attend without this you may be refused access to the training course.
15.6 You must bring with you the written confirmation email as proof of purchase of the course and right to entry. If you attend without this you may be refused access to the training course.
15.7 We warrant that we shall provide the training with reasonable skill and care.
15.8 If you believes that any element of the training does not meet the standard specified in Clause 15.7, then you must promptly notify the us and allow the us to investigate the matter (including where applicable allowing us to inspect the results of that training) and, if that training did not meet the standard, re-perform the training.
15.9 We shall devote such of our personnel’s time and expertise to the performance of the training as may be necessary for the satisfactory and timely completion of the course.
15.10 For the avoidance of doubt, we do not guarantee that the receipt of the training will lead to any particular grading or result in any course, examination or assignment or that attendance on the course shall indemnify you against any action where you misapply and/or misunderstand the content of the training and where this misapplication and/or misunderstanding leads to the breach of any law.
16. Re-Scheduling or Cancellation of classroom based training
16.1 If it becomes necessary for us to reschedule a classroom based training course, then we will give to you a written confirmation of this at least 5 Business Days before the training course is due to commence. In these circumstances, we will offer you an alternative date for the training or, if this is not available, a refund of the total fee paid for booking the course.
16.2 Nothing in this section affects any statutory rights you may have as a consumer as detailed in Section 20 of these terms and conditions (Distance Contracts, Consumer Rights).
16.3 You may cancel attendance on a training course booking by giving us a written notice of cancellation.
16.4 If you cancel a training course booking at least 14 days in advance of the training course date then you shall be released from any liability to pay further charges in respect of the relevant course, and shall be entitled to a refund of 90% of any charge previously paid in respect of that course booking but this will not include any charges you may have incurred from credit or banking services.
16.5 If you cancel a training course appointment with less than 14 days notice you will not be entitled to any refund of fee paid.
17.1 We shall ensure that all personnel involved in the provision of the Services:
(a) have been interviewed by us;
(b) have supplied proof of identity and satisfactory references to us;
(c) have been properly trained and are adequately experienced in the provision of the training course; and
(d) hold all necessary qualifications and certifications required for their work in relation to the delivery of the training.
18. Third Party premises used for training courses
18.1 In relation to any premises we supply for the purposes of delivering training courses we shall:
(a) ensure such access to the premises as is reasonably required by all attendees to comfortably and safely attend the training course;
(b) ensure such premises are maintained by the provider of the premises in good order for us to supply the services and in accordance with all applicable laws;
(c) ensure the provider is responsible for ensuring the health and safety of the all attendees to the training course;
(d) ensure we are informed by the provider of all health, safety and security rules, regulations and requirements that apply at the premises; and
(e) ensure the provider maintains reasonable insurance cover for the all training course attendees (including reasonable public liability insurance).
19. Licensing of course materials
19.1 We will supply your course materials to you in the format or formats specified on our website, and by such means and within such periods as are specified on our website.
19.2 Subject to your payment of the applicable price and compliance with these terms and conditions, we grant to you a worldwide, non-expiring, non-exclusive, non-transferable licence to make any use of your course materials permitted by Section 19.3, providing that you must not in any circumstances make any use of your course materials that is prohibited by Section 19.4.
19.3 The “permitted uses” of your course materials are:
(a) downloading a copy of each of your course materials;
(b) in relation to written and graphical course materials: making, storing and viewing copies of your course materials on not more than 3 desktop, laptop or notebook computers, ebook readers, smartphones, tablet computers or similar devices;
(c) in relation to audio and video course materials: making, storing and playing copies of your course materials on not more than 3 desktop, laptop or notebook computers, smartphones, tablet computers, media players or similar devices; and
(d) printing a single copy of each of your written course materials solely for your own use.
19.4 The “prohibited uses” of your course materials are:
(a) the publication, sale, licensing, sub-licensing, renting, transferring, transmission, broadcasting, distribution or redistribution of any course material (or part thereof) in any format;
(b) the editing, modification, adaptation or alteration of any course material (or part thereof), and the creation of any derivative work incorporating any course material (or part thereof);
(c) the use of any course material (or part thereof) in any way that is unlawful or in breach of any person’s legal rights under any applicable law, or in any way that is offensive, indecent, discriminatory or otherwise objectionable;
(d) the use of any course material (or part thereof) to compete with us, whether directly or indirectly; and
(e) any commercial use of any download (or part thereof),
providing that nothing in this Section 19.4 will prohibit or restrict you or any other person from doing any act expressly permitted by applicable law.
19.5 You warrant to us that you have access to the necessary computer systems, media systems, software and network connections to receive and enjoy the benefit of your course materials.
19.6 All intellectual property rights and other rights in the course materials not expressly granted by these terms and conditions are hereby reserved.
19.7 You must retain, and must not delete, obscure or remove, copyright notices and other proprietary notices on or in any course material.
19.8 The rights granted to you in these terms and conditions are personal to you, and you must not permit any third party to exercise these rights.
19.9 If you breach any provision of these terms and conditions, then the licence set out in this Section 19 will be automatically terminated upon such breach.
19.10 You may terminate the licence set out in this Section 19 by deleting all copies of the relevant course materials in your possession or control.
19.11 Upon the termination of a licence under this Section 19, you must, if you have not previously done so, promptly and irrevocably delete from your computer systems and other electronic devices all copies of the relevant course materials in your possession or control, and permanently destroy any other copies of the relevant course materials in your possession or control.
20. Distance contracts: cancellation right
20.1 This Section 20 applies if and only if you offer to contract with us, or contract with us, as a consumer – that is, as an individual acting wholly or mainly outside your trade, business, craft or profession.
20.2 You may withdraw an offer to enter into a contract with us through our website, or cancel a contract entered into with us through our website, at any time within the period:
(a) beginning upon the submission of your offer; and
(b) ending at the end of 14 days after the day on which the contract is entered into,
subject to Section 20.3. You do not have to give any reason for your withdrawal or cancellation.
20.3 You agree that we may begin the provision of course materials before the expiry of the period referred to in Section 20.2, and you acknowledge that, if we do begin the provision of course materials before the end of that period, you will lose the right to cancel referred to in Section 20.2.
20.4 In order to withdraw an offer to contract or cancel a contract on the basis described in this Section 20, you must inform us of your decision to withdraw or cancel (as the case may be). You may inform us by means of any clear statement setting out the decision. In the case of cancellation, you may inform us using the cancellation form that we will make available to you. To meet the cancellation deadline, it is sufficient for you to send your communication concerning the exercise of the right to cancel before the cancellation period has expired.
20.5 If you cancel an order on the basis described in this Section 20, you will receive a full refund of the amount you paid to us in respect of the order.
20.6 We will refund money using the same method used to make the payment, unless you have expressly agreed otherwise. In any case, you will not incur any fees as a result of the refund.
20.7 We will process the refund due to you as a result of a cancellation on the basis described in this Section 20 without undue delay and, in any case, within the period of 14 days after the day on which we are informed of the cancellation.
21. ‘Stage 1’ and ‘Stage 2’ Services
21.1 Stage 1 Services constitute the folowing:
(a) Receiving by email, contact form, postal service or telephone/text message information concerning an allegation of an incident of a criminal or civil (or both) nature and logging this incident.
(b) If requested to do so by the contacting person, responding to this information to offer general information on:
(i) whether the incident is likely to constitute a civil or criminal matter, or both, or neither based on the information provided.
(ii) which authorities or agencies may be responsble for investigating and/or prosecuting any related offence, if any is identified, or in supporting the person further if required
(iii) providing, if required, information regarding contact details for the relevant authorities or agencies
21.2 Stage 2 Services
(a) Stage 2 Services are subject to specific contract to be agreed with individual customers dependent upon requirements.
(b) Stage 2 services may include assistance with some or all of the following:
(i) Assistance in reporting the matter
(ii) Investigation of the incident including related investigatory services
(iii) Specific advice or representation in relation to the matter
(c) The contract will always include a Letter of Engagement and a Scope of Work
(d) The contract will list any charges or costs agreed for performance of the Scope of Work.
(e) No work will be undertaken at Stage 2 without prior contractual agreement, the return of an agreed and signed Letter of Engagement and the agreement of the Scope of Work.
22. Warranties and representations
22.1 You warrant and represent to us that:
(a) you are legally capable of entering into binding contracts;
(b) you have full authority, power and capacity to agree to these terms and conditions; and
(c) all the information that you provide to us in connection with your order is true, accurate, complete, current and non-misleading.
22.2 We warrant to you that:
(a) your course materials will be of satisfactory quality;
(b) your course materials will be reasonably fit for any purpose that you make known to us before a contract under these terms and conditions is made;
(c) your course materials will match any description of it given by us to you; and
(d) we have the right to supply your course materials to you.
22.3 All of our warranties and representations relating to course materials are set out in these terms and conditions. To the maximum extent permitted by applicable law and subject to Section 21.1, all other warranties and representations are expressly excluded.
23. Limitations and exclusions of liability
23.1 Nothing in these terms and conditions will:
(a) limit or exclude any liability for death or personal injury resulting from negligence;
(b) limit or exclude any liability for fraud or fraudulent misrepresentation;
(c) limit any liabilities in any way that is not permitted under applicable law; or
(d) exclude any liabilities that may not be excluded under applicable law,
and, if you are a consumer, your statutory rights will not be excluded or limited by these terms and conditions, except to the extent permitted by law.
23.2 The limitations and exclusions of liability set out in this Section 22 and elsewhere in these terms and conditions:
(a) are subject to Section 22.1; and
(b) govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.
23.3 We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
23.4 We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
23.5 We will not be liable to you in respect of any loss or corruption of any data, database or software, providing that if you contract with us under these terms and conditions as a consumer, this Section 22.5 shall not apply.
23.6 We will not be liable to you in respect of any special, indirect or consequential loss or damage, providing that if you contract with us under these terms and conditions as a consumer, this Section 22.6 shall not apply.
23.7 You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).
23.8 Our aggregate liability to you in respect of any contract to provide services to you under these terms and conditions shall not exceed the greater of:
(a) £1000000; and
(b) the total amount paid and payable to us under the contract.
24.1 We may revise these terms and conditions from time to time by publishing a new version on our website.
24.2 A revision of these terms and conditions will apply to contracts entered into at any time following the time of the revision, but will not affect contracts made before the time of the revision.
25.1 You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions – providing, if you are a consumer, that such action does not serve to reduce the guarantees benefiting you under these terms and conditions.
25.2 You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.
26. No waivers
26.1 No breach of any provision of a contract under these terms and conditions will be waived except with the express written consent of the party not in breach.
26.2 No waiver of any breach of any provision of a contract under these terms and conditions shall be construed as a further or continuing waiver of any other breach of that provision or any breach of any other provision of that contract.
27.1 If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
27.2 If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
28. Third party rights
28.1 A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.
28.2 The exercise of the parties’ rights under a contract under these terms and conditions is not subject to the consent of any third party.
29. Entire agreement
29.1 Subject to Section 22.1, these terms and conditions shall constitute the entire agreement between you and us in relation to the sale and purchase of our classroom based or online training course and downloads and the access to and use of those downloads, and shall supersede all previous agreements between you and us in relation to the sale and purchase of our downloads and the use of those downloads.
30. Law and jurisdiction
30.1 These terms and conditions shall be governed by and construed in accordance with English law.
30.2 Any disputes relating to these terms and conditions shall be subject to the exclusive jurisdiction of the courts of England.
31. Statutory and regulatory disclosures
31.1 We will not file a copy of these terms and conditions specifically in relation to each user or customer and, if we update these terms and conditions, the version to which you originally agreed will no longer be available on our website. We recommend that you consider saving a copy of these terms and conditions for future reference.
31.2 These terms and conditions are available in the English language only.
31.3 The website of the European Union’s online dispute resolution platform is available at https://webgate.ec.europa.eu/odr/main. The online dispute resolution platform may be used for resolving disputes.
SymsRudd Limited – www.dtacs.org