Terms and Conditions for Training
These Terms of Training will apply to any contract between us for the sale of places of training courses to you (Contract). Please read these Terms of Training carefully and make sure that you understand them, before booking and paying for any training courses from our Website. Please note that before booking a place on any training course you will be asked to agree to these Terms of Training. If you refuse to accept these Terms of Training, you will not be able to make any bookings for places on any training courses through our Website.
If you are booking places on behalf of a corporation, partnership or other legal entity, and you disclose this to us in the booking process, our Contract under these Terms of Training will be with the organisation you are representing (but you will be personally warranting your authority to bind your organisation to the Contract in accordance with clause 2.1 and that you are duly authorised in accordance with clause 1.1). Except as aforesaid, references to ‘you’ in this Part 3 below are references to the contracting party.
You should print a copy of these Terms of Training or save them to your computer for future reference.
We amend these Terms of Training from time to time as set out in clause 3 below. Every time you wish to book onto a training course, please check these Terms of Training to ensure you understand the terms which will apply at that time.
1. Warranty of Authority, Entire Agreement and Reliance
1.1 If you are not a sole trader acting on your own behalf, you confirm that you have authority to bind any corporation or other employer or business on whose behalf you use our website to book places on our training courses.
1.2 These Terms of Training contain the entire agreement between you and us and supersede and extinguish all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to their subject matter.
1.3 You acknowledge that in entering into this Contract you do not rely on any statement, representation, assurance or warranty not set out in these Terms of Training or in the relevant training descriptions published on our website.
2. How the contract is formed between you and us
2.1 Our training pages will guide you through the steps you need to take to book a place on our training courses. This process allows you to check and amend any errors before submitting your booking to us. Please take time to read and check the information you have provided to us on each page of the booking process.
2.2 After you complete a booking on a training course, you will receive an e-mail from us acknowledging that we have received and registered your booking on the selected course.
2.3 Please note that you do not have the right to cancel a booking which has been acknowledged except as specifically set out in these Terms of Training.
3. Our right to vary these Terms
3.1 We amend these Terms of Training from time to time. Every time you book a place on a training course with us, the Terms of Training in force at the time of your order will apply to the Contract between you and us.
3.2 We may revise these Terms of Training from time to time to reflect changes in relevant laws and regulatory requirements.
3.3 If we have to revise these Terms of Training as they apply to your booking, we will contact you to give you reasonable advance notice of the changes and let you know how to cancel the Contract if you are not happy with the changes. You may cancel either in respect of all the affected training courses you are booked on. If you opt to cancel, we will arrange a full refund of the price you have paid for any forthcoming training courses you were booked on.
4. Price of training courses
4.1 The prices of the training courses will be as quoted on our website at the time you submit your order. We use our best efforts to ensure that the prices of the courses are correct at the time when the relevant information was entered onto the system. If we discover an error in the price of listed training courses that you have booked a place, or places on, we will contact you to inform you of this error and we will give you the option of continuing with your booking at the correct price or cancelling your booking. If we are unable to contact you using the contact details you provided during the order process, we will treat the booking as cancelled and refund any amounts paid. Please note we do not have to honour any bookings placed on a course if the incorrect price was paid for it.
4.2 Prices for our courses may change from time to time, but changes will not affect any courses you have already booked and paid for.
4.3 The price of a course includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for your place in full before the change in VAT takes effect.
5. Booking and payment
5.1 All bookings for our training courses are handled via our online booking form.
5.2 A single place on a training course is referred to as a ‘seat’. Each course has a maximum number of 12 seats (unless otherwise stated). A seat relates to a single reservation for a delegate on a training course. Each reserved seat must be paid for in full prior to the delegate attending the course.
5.3 Payment for each training course is taken by the training centre that is hosting the course. To book a seat on a course, a purchase order must be received by the venue hosting the course. You can upload your purchase order to your booking via the online registration process.
5.4 We reserve the right to refuse entry to a training course to any delegate that:
a) has not provided us with a valid purchase
b) has an “on hold” credit account
c) has not paid for their place on a training course in full
5.5 In the event that a delegate is accepted onto a training course and payment has not been made in full, we reserve the right to either cancel the delegate’s seat on the course or take action to collect the payment required for their seat on the course.
5.6 At no point do we ask for, collect or store your credit or debit card information via our online booking process.
5.7 It is the responsibility of the delegate to ensure that the course that the delegate has been booked on is suitable and relevant to the needs of the delegate. We cannot be held responsible for any errors made during the booking process.
6. Transfers and cancellations
6.1 A delegate may transfer their booking from one course to another course up to 20 working days prior to the start of the booked course. Delegates may transfer only once for each original course booking. To transfer, please contact us directly via email at [email protected]
6.2 A delegate may only transfer from one course to another course within the same training centre.
6.3 Changes to the delegate(s) already registered on a training course will not occur any additional fees and should be emailed to us at [email protected] along with the course title, date and details of the change.
6.4 Requests for cancellations must be made no later than 20 working days before the start of the relevant training course. To request a cancellation, please contact us directly via email at [email protected] including the course title, course date, name of delegate, booking code and reason for the cancellation request.
6.5 Bookings that are cancelled by a delegate may be viable for a full refund if the request for booking meets the criteria as defined in Clause 6.4. Refunds are made at the discretion of the FIRETECH training centre hosting the training course.
6.6 We reserve the right to postpone or cancel a training course at any time.
6.7 If a training course is cancelled by us, we will inform all registered delegates on the course as soon as possible. Upon the cancellation of a course, we will offer to each delegate a full refund for the cost of the course or alternative dates for the course.
6.8 We will not be held liable for any expenses, either direct or indirect, or for loss of time, earnings or business, incurred as a result of a postponed or cancelled course.
6.9 If a delegate fails to arrive for the course they are registered on without any prior notification to the provider, no transfer or refund will be available after the course has been delivered.
6.10 Each course has a minimum requirement of 6 registered delegates prior to delivery. It is at the discretion of the provider whether to cancel the delivery of a course if this minimum attendance has not been reached. If a course is cancelled, you will be notified at least 5 working days prior to the scheduled date of the course where the options from Clause 6.5 will be offered to all registered delegates.
7. Our liability
7.1 Nothing in these Terms of Training limits or excludes our liability for:
a) death or personal injury caused by our negligence;
b) fraud or fraudulent misrepresentation;
c) breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession).
7.2 Subject to clause 7.1, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
a) any loss of profits, sales, business, or revenue;
b) loss or corruption of data, information or software;
c) loss of business opportunity;
d) loss of anticipated savings;
e) loss of goodwill; or
f) any indirect or consequential loss.
7.3 Subject to clause 7.1 our total liability to you in respect of all losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed £100 (or the contract price, if lower).
8. Events outside our control
8.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause 8.2.
8.2 An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
8.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
a) we will contact you as soon as reasonably possible to notify you; and
b) our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
8.4 You may cancel a Contract affected by an Event Outside Our Control which has continued for more than 30 days. To cancel, please contact the training venue directly using the contact details of the training centre on your booking confirmation email. Alternatively, contact us via email at [email protected] If you opt to cancel, you will have to return (at our cost) any relevant Products you have already received and we will refund the price you have paid, including any delivery charges.
9. Communications between us
9.1 When we refer, in these Terms of Training, to “in writing”, this will include email.
9.2 The following rules apply to communications between us:
a) Any notice or other communication given by you to us, or by us to you, under or in connection with the Contract shall be in writing and shall be delivered personally, sent by pre-paid first class post or other next working day delivery service or email.
b) A notice or other communication shall be deemed to have been received: if delivered personally, when left at our registered office; if sent by pre-paid first class post or other next working day delivery service, at 9.00 am on the second Business Day after posting or if sent by email, one Business Day after transmission.
c) In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified email address of the addressee.
d) The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
10. Other important terms
10.1 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms of Training.
10.2 You may only transfer your rights or your obligations under these Terms of Training to another person if we agree in writing.
10.3 This Contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
10.4 Each of the paragraphs of these Terms of Training operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
10.5 If we fail to insist that you perform any of your obligations under these Terms of Training, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
10.6 The Contract and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
10.7 We both irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with a Contract or its subject matter or formation (including non-contractual disputes or claims), save that we shall be entitled to commence and prosecute legal proceedings against you in the courts of any jurisdiction.