Terms and Conditions
1. DEFINITIONS AND INTERPRETATION
1.1. In these terms and conditions (the “Terms”) the following words and expressions have the following meanings:
|Delegate||means any individual booked onto a course by the Purchaser or the Purchasers (collectively, the “Delegates”);|
|Health Condition||means in the case of any Delegate that person actually exhibiting symptoms or knowingly being asymptomatic in respect of any medical condition that at the relevant time is the subject of an epidemic, pandemic or other public health emergency;|
|Offsite||means a training course provided on a date and time and at a venue nominated by TAWG and selected by the Purchaser who is then entitled to nominate Delegates to attend;|
|Online||means training provided via our online e-learning platform taken by each Delegate using the given URL;|
|Onsite||means a training course provided on the Purchaser’s premises or other premises at which it is agreed with the Purchaser that a training course will be provided the Purchaser being entitled to determine the date and time and venue of its choosing;|
|Preventative Requirements||means guidance issued at a national or local level in respect of any epidemic, pandemic or other (public health emergency (including the occurrence of any notifiable disease), including but not limited to Covid-19 and (to the extent relevant to the course being presented) to the following:-
i) Government Guidance applicable at the date of the course relating to the identification of the relevant Health Condition, the operation of the any Test and Trace programme and other guidance applicable as published and current at the date of the course relating to the management of the circumstances creating the Health Condition as relevant to the conduct of the training course and the facilities at which the training course is presented;
ii) any future including replacement government guidance relating to the management of the relevant epidemic or pandemic or other public health emergency guidance current at the date these Terms were published being “Working safely during coronavirus (Covid-19) in offices and contact centres” dated 24 June 2020 (the “Covid-19 Government Guidance”) and any update or amendment to the relevant guidance;
iii) any sector specific publications: being currently:
Covid Secure Training Environments published by QNUK current at the date of the course and the publication Covid-19 Classroom Requirements in its current formV1.1 published by the First Aid Association Awards Ltd and dated 03.06.2020 as the same may subsequently be updated or replaced; and
iv) further guidance (if any) that TAWG may itself publish or draw your attention to from time to time.
|Purchaser||means the business, person or organisation booking the course;|
|Services||means the educational and training courses offered in the manner in which TAWG procures the provision of the relevant course under the Contract;|
|TAWG||Training at Work Group Limited (and all trading names, brands and trading styles)
Company Number: 11379815
Registered Office: First Floor, 1 Horsefair, Wetherby Leeds LS22 6JG
VAT Registration Number: 297 209 470
|Awarding Body or
|means any or all relevant regulated training awarding bodies;|
|Trainer||means an awarding body registered trainer or training organisation;|
|Venue Special Requirements||during any period in which there is a declared epidemic, pandemic or other public health emergency, requirements that are necessary or desirable to ensure that a training course can be presented in a manner that fully satisfies the Preventative Requirements.|
1.2. These Terms replace any previous terms and conditions of TAWG and are the complete and only terms and conditions between the parties.1.3. These Terms and any Contract formed pursuant to them may be varied if confirmed in writing by an authorised person of TAWG.
1.4. By placing an order either through TAWG’s website (“Site”) or by telephone order (“Telephone”) you accept these Terms and offer to buy the Services from and enter into a legally binding contract with TAWG. Your order constitutes an offer to TAWG to buy the Services. All orders are subject to acceptance by TAWG, and TAWG may confirm receipt of your order by sending you an automatic acknowledgement of your order (“Automatic Acknowledgement”) and will then in all cases confirm acceptance of an order by sending you either an e-mail, letter or fax confirming the order (“Order Confirmation”). A contract will be formed between TAWG and you once your order confirmation has been sent by TAWG (the “Contract”).
1.5. Unless otherwise agreed in writing, these Terms are the only conditions upon which TAWG is prepared to supply the services to you. These Terms shall constitute the whole agreement between TAWG and you, and shall govern the Contract to the entire exclusion of all other terms or conditions (including your terms and conditions or those implied by trade, custom or practice).
1.6. Where there is a reference in these Terms to any Covid-19 requirement that reference shall apply (to the extent in relation to clause 1.6.3 to 1.6.5 relevant to the course being presented) to the following:-
1.6.1. Government Guidance applicable at the date of the course relating to the
identification of Covid-19 symptoms, the operation of the Test and Trace programme and other guidance applicable as published and current at the date of the course relating to the management of Covid-19 Pandemic as relevant to the conduct of the course and the facilities at which the course is presented;
1.6.2. in particular the government guidance relating to “Working safely during
coronavirus (Covid-19) in offices and contact centres” dated 24 June 2020 (the “Covid-19 Government Guidance”) and any update or amendment to it;
1.6.3. the publication: Covid Secure Training Environments published by QNUK current at the date of the course;
1.6.4. the publication Covid-19 Classroom Requirements in its current form published by the First Aid Association;
1.6.5. further guidance (if any) that TAWG may itself publish or draw your attention to from time to time.
1.7. You acknowledge the following precedence of the Preventative Guidance referred to in this clause namely:-
1.7.1. Guidance referenced at clause i) and ii) together have precedence over all subsequent provisions listed; and
1.7.2. Guidance referenced at clauses i), ii) and iii) have precedence over iv)
1.8. TAWG acknowledges that the Purchaser may have procured the provision of a training course for the benefit of the Purchaser’s client and provided that the client details have been notified to TAWG at the time of the relevant booking references in
this Contract to the Purchaser are to be taken to be references to that named client.
1.9. The Terms have been updated to reflect the additional arrangements and precautions that are required to be complied with during any period in which there is a declared epidemic, pandemic or other public health emergency whether declared nationally or under any declaration having regional or local effect. These Terms incorporate provisions that are intended to have the effect of assuring the parties of compliant delivery of Services in any period during which the Preventative Requirements are to be complied with and the venue for the provision of the training course is required to satisfy the Venue Special Requirements. The terms and conditions of this Contract making reference to Health Condition, Preventative Requirements and Venue Special Requirements shall have application during such periods of time as are required by law, TAWG being the sole arbiter as to the relevance in respect of any booking made by the Purchaser.
1.10. TAWG may at its sole discretion but acting reasonably by notice in writing advise the
Purchaser of any:
1.10.1. variations to the scope of Health Conditions and the definitions of
Preventative Requirements and Venue Special Requirements;
1.10.2. any special conditions attaching to the provision of the training course that Delegates shall be subject to
in addition to or in substitution for any provisions set out in these Terms, the Purchaser being notified of such variations and the date or dates upon which these become effective by notice in writing.
2. TAWG OBLIGATIONS
2.1. In consideration of the payment of fees for the provision of the Services, TAWG agrees when the training course is to be provided Onsite to book on the Purchaser’s behalf the Trainer and where the training course is to be provided Offsite to book the agreed number of Delegate places at a training course on such date and at such time as notified by TAWG and accepted by the Purchaser through its placing of the request for the Services.
2.2. In further consideration of the payment of fees, TAWG agrees to handle all administration in relation to the bookings including payments between the Purchaser and the Trainer.
2.3. In consideration of the payment, TAWG agrees to handle all certificate administration on behalf of the Purchaser and shall (unless the training course provided is delivered online) arrange the posting of Certificates on completion of a course where appropriate as part of the Services. The Purchaser shall be provided with information sufficient to enable delivery of certificates digitally where the course is delivered online.
2.4. The Services offered by telephone, Offsite, Onsite and Online are not delivered or written or endorsed by TAWG, they are delivered by the Trainer and therefore any training or advice given on a course is that of the Trainer and is not the advice or training of TAWG.
2.5. The Purchaser understands that:
2.5.1. TAWG’s obligation under these Terms (and any Contract entered into
pursuant to these Terms) is (when the training course is provided Onsite) to book the Trainer on behalf of the Purchaser and where Offsite or Online to procure the availability of the required number of Delegate places at the training course;
2.5.2. subject to clause 17, TAWG shall not be liable for mistreatment of any person or property arising from the Trainer’s advice; and
2.5.3. the Purchaser is responsible for ensuring all Delegates attending the training course are aware and understand the same.
2.5.4. in relation to Offsite training courses TAWG is not the provider and cannot be held responsible in the event that there is a cancellation or rescheduling of the course. The parties shall be bound by the terms and conditions of this Contract relating to cancellation and rescheduling accordingly.
3.1. In consideration for the Services, you agree to pay TAWG in accordance with clause 5.
3.2. The site and the customer services team via telephone (calls maybe recorded for training and quality purposes) provide details of the VAT exclusive price. The Services will conform in all material respects with the description of the services set out on the site or over the telephone. TAWG reserves the right to amend the specification of Services or withdraw Services at any time.
3.3. VAT will be charged at the current rate applicable at the time your payment is processed, where appropriate.
3.4. TAWG reserves the right to amend its prices without prior notice, however the price applicable to the Services shall be the price stated on the site or over the phone at the time you received the Order Confirmation subject to adjustment in accordance with the provisions of clauses 3.5 or 3.6.
3.5. If you have placed an order and TAWG subsequently requires to vary the price of the Services, TAWG will either refund your monies in full or you can accept the variation in the price this being the full extent of the liability of TAWG.
3.6. In the case of Onsite Services if the Trainer has to travel more than 40 miles to a venue, or has to incur any additional expenses such as overnight accommodation costs and parking costs, TAWG may have to amend its prices. In these circumstances the Purchaser may either accept the amended price or receive a full refund this being the full extent of the liability of TAWG.
3.7. The Purchaser must satisfy itself in relation to the suitability of any Services ordered for the specific circumstances in which it places any order for Services and the outcomes that it wishes to achieve.
3.8. The Purchaser acknowledges that it has not relied upon any prior representation made by or on behalf of the Supplier and further acknowledges and agrees that no obligation or liability is accepted by TAWG (howsoever arising whether under contract, tort, in negligence or otherwise) in relation to:
3.8.1. the Services to be provided meeting the Purchaser’s individual needs, whether or not such needs have been communicated to TAWG; or
3.8.2. the Services assuring compliance with any legal or regulatory requirements (in particular meeting any specified standard of risk assessment) of the appropriate regulatory bodies that the Purchaser is required to comply with. Accordingly, you should not rely upon any information provided on any websites, in marketing material, during telephone calls or in emails as representing the suitability of the Services, the manner of their supply and eligibility for any particular accreditation.
4. SUPPLY AND ELIGIBILITY
4.1. TAWG will endeavour to supply the Services on the dates outlined over the phone or on the site and will advise you of any anticipated changes to, delays with the course dates or the dates otherwise agreed with you. However, TAWG does not accept liability for the consequences of any change or delay to course dates provided. However where possible TAWG will endeavour to give reasonable notice of any such changes or delay.
4.2. The Purchaser shall ensure Delegates are free from any condition which would affect their capability to undertake their chosen training course (and in particular during any period of epidemic or pandemic or public health emergency affecting the provision of the training course) the taking of all steps necessary or desirable to ensure that no Delegate attempts to attend the course when subject to a Health Condition) and that they have the ability to cope with intensive physically applied training as well as class based study. TAWG should be provided in advance notification of any assistance that any Delegate is likely to need during the running of a course but participation of Delegates in any training course shall always be on the basis that each Delegate is capable of satisfying any physical requirements of the training course, the same being where relevant a pre-requisite to successful completion of the training course.
4.3. During any period in which the Preventative Requirements are applicable, the Purchaser shall:
4.3.1. In the case of Onsite training courses:
18.104.22.168. inspect the intended venue for the training course at the
earliest practicable time and ensure that it complies with the Venue Special Requirements and is appropriate to assure that the Preventative Requirements may be fully complied with and notify TAWG immediately of any concerns; and
22.214.171.124. conduct (if not conducted prior to the training course) any risk assessment that may be required taking into account the location and other circumstances of the training course and provide the same no later than seven days prior to the date of the training course;
4.3.2. In the case of both Onsite and Offsite training courses:
126.96.36.199. provide Delegates with clear guidance on social distancing and hygiene measures before arrival;
188.8.131.52. ensure Delegates wear any personal protective equipment (PPE) and other materials provided for use during the training course;
184.108.40.206. establish and maintain a register of Delegates in sufficient detail to the meet the requirements of the NHS Test and Trace Programme;
220.127.116.11. ensure Delegates comply with social distancing guidelines wherever possible, including when arriving at and departing from the training course;
18.104.22.168. ensure Delegates maintain adequate hygiene levels including the frequent use of hand washing facilities together with the hand sanitisers provided for the use of each delegate;
22.214.171.124. to the extent it is mandatory under the Covid-19 Government Guidance applicable at the time, ensure Delegates wear individual face coverings provided; and
126.96.36.199. report to TAWG any material failure on the part of the Trainer to observe the Preventative Requirements or to support the Purchaser in any additional measures that it may require.
4.4. The Purchaser shall in the case of an Onsite training course notify TAWG in advance of the training course or where not so notified the Trainer prior to the training course where its own internal policy requires additional measures to be taken in relation to Covid-19. Where notified to TAWG in accordance with this clause 4.4, the Trainer will be required by TAWG to take reasonable steps to ensure that all applicable rules are complied with throughout the course.
4.5. If the Trainer decides that any Delegate has not achieved the learning outcomes of the course and/or the assessment standard, then the Delegate will be offered a free reassessment. Any further training or coaching over and above that provided on the course shall be at the expense of the Purchaser.
4.6. To be eligible to attend a regulated two-day Requalification course, each Delegate must present a valid First aid at work certificate issued by a HSE or Awarding body approved provider which is 'in date' on the last day of the Requalification course. 'In date' means the period within three months prior to the original certificate expiry date. Allowing a maximum of 28 days from the expiry date of the certificate to complete requalification training and assessment.
4.7. The Purchaser acknowledges that if any Delegate arrives late for a course or is absent from any session, TAWG reserves the right to refuse to accept the Delegate for training. In all such cases, the full course fee remains payable.
5.1. A binding contract will be formed when TAWG notifies its acceptance of the order in accordance with clause Error! Reference source not found.. You agree to be invoiced either via post or email immediately with the invoice payable within 14 days of the date of the invoice. If courses are booked within 14 days of the course date you agree to pay on receipt of the invoice. Failure to abide by these terms can result in TAWG cancelling the course or retaining the course certificates, invalidating your training until payment is received. E-Learning courses will not be released to the Purchaser until full payment has been received, unless otherwise agreed at the time of purchase. All orders for physical products such as defibrillators, medical equipment, fire extinguishers etc. must be paid on receipt of invoice unless otherwise agreed at the time of purchase. All items remain the property of TAWG until full payment has been received.
5.2. Telephone orders and orders confirmed by email are legally binding and you permit TAWG to record the call for training and quality purposes. You agree that all calls that are recorded and emails are saved and may be used by TAWG as evidence of the Contract.
5.3. If the Purchaser fails to make payment on the due date, TAWG shall be entitled to charge the Purchaser interest at the annual rate of 3% above the base rate of Barclays Bank Plc. Unless otherwise agreed by TAWG or required by Law, the Purchaser shall not be entitled to make any set off in respect of amounts due to TAWG.
5.4. If the Purchaser disputes payment and the result of the dispute has to be referred to a court of law the Purchaser agrees that TAWG can claim back its court expenses and any third party collection fees in addition to the original booking fee.
5.5. If booking using any TAWG flexible booking product without an initial training date you are benefiting from the additional benefits of the relevant flexible booking product which means TAWG will incur costs at the time of booking. Therefore you agree that payment is due 14 days from the date of invoice regardless of whether a training date has been agreed. It is also agreed that by making a flexible booking that all flexible booking products cannot be cancelled but can be rescheduled without charge during a twelve months period calculated from the date the first reservation was entered under the relevant flexible booking system.
6. CONSUMER PROTECTION (DISTANCE SELLING) REGULATIONS 2000
6.1. Where a contract with a consumer is concluded on a distance selling basis the Regulations (as amended from time to time) will be adhered to.
7. SUBSTITUTING CANDIDATES
7.1. If you wish to substitute a candidate on a face to face training course after the booking has been submitted, no charge will be applied for the first substitution provided TAWG is notified not less than seven days prior to the course start date. Any subsequent transfers or substitutions, or those made within seven days of the course start date, will incur a fee of £25. Any substitutions are made on a like for like basis.
8. NON- ATTENDANCE & LATE ATTENDANCE
8.1. For Offsite training courses, if Delegates do not attend a course and for Onsite courses, should the Purchaser or any third party refuses the Trainer access to the venue the full course fee is forfeited and to the extent unpaid, remains payable in full unless the Purchaser has followed procedures in these Terms governing the cancellation of training courses and a refund of any part of the fee paid becomes due accordingly.
8.2. Where any Delegate arrives late to the venue for the training course, or are absent from any training course or any part of a training course, TAWG reserves the right and has provided the Trainer with the right to refuse to accept the Delegate for training and the full course fee remains payable.
8.3. Where the Purchaser requests postponement of the Services due to any Delegate or the Purchaser’s business having been affected by any epidemic, pandemic or any other public health emergency, the cancellation provisions in clause 10 shall apply. If the Site was booked by TAWG, the Purchaser accepts that any charges arising from or related to such postponement, such as a loss of a deposit paid for the venue, shall become payable by the Purchaser in addition to any cancellation charge that the Purchaser is liable for.
8.4. The Purchaser shall ensure the Delegates comply in all appropriate cases with the Preventative Requirements. Where the Trainer refuses to commence or suspends the training course by reason of any or all of the Delegates failing to comply with such requirements, the Trainer shall be entitled to cancel or terminate prematurely the training course and the Purchaser shall remain liable for the full course fee and no refund shall be made.
9. SITE TRAINING CONDITIONS
9.1. In the case of Services provided Onsite at a location reserved by the Purchaser, the Purchaser accepts that it is the responsibility of the Purchaser to ensure that the Site is:
9.1.1. clean and clutter free, with enough chairs for the Trainer and the
9.1.2. where relevant, meets the Venue Special Requirements;
9.1.3. enable compliance with the Preventative Requirements;
9.1.4. in all other respects suitable for the conduct of a training course that forms
the subject of the Services.
9.2. Where the condition of the venue is are not appropriate for the provision of the
Services, TAWG and also the Trainer reserve the right to refuse provision of the Services. This shall include where it is impracticable to operate the training course in circumstances that enable the satisfaction of the Preventative Requirements.
9.3. For the avoidance of doubt, it shall be for the Trainer to determine the suitability of the Site under clause 9.2 (taking account also clause Error! Reference source not found.) and such determination shall be binding on both parties to the Contract.
9.4. Where it was the Purchaser’s responsibility to provide an appropriate venue in accordance with clause 9.1, the course fee shall remain payable and shall not be refunded irrespective of any postponement or cancellation. In the event that the venue has been reserved by and the liability to pay for the venue is the responsibility of TAWG the Purchaser shall remain responsible for any charges arising to TAWG in relation to that venue.
9.5. Moving and Handling of People Courses - All courses exclude hoist hire or the provision of the supply of a hoist at the time of quotation and/or booking. It remains the Purchasers responsibility to provide a fully serviced and compliant hoist at the time of training, if hoist training is required. TAWG retains the right to refuse training on any hoist as it sees fit if the trainer deems it unsatisfactory to use. If hoist hire is required at the time of booking the Purchaser must make TAWG aware of this. Additional charges may apply.
10.1. To change the date of a booking please see the Transfers section on the terms of business. Should circumstances require you to cancel your order and you are unable to reschedule you agree to the following cancellation charges:
10.1.1. Standard Bookings:
10.1.1.1. More than 4 weeks notice – 50% of course fee 10.1.1.2. Less than 4 weeks notice – 100% of course fee
10.1.2. Flexible Booking Products:
10.1.2.1. Cannot be cancelled but can be rescheduled without charge up to three times in a twelve month period subject to giving 14 days notice each time. If a Flexible booking product is no longer required and cancelled 100% of the course fee is payable upon cancellation. If a Flexible booking product is not redeemed within 12 months from date first invoiced then the course will automatically expire, it is agreed no refund is due.
10.1.3. Commercial Cancellations
10.1.3.1. Cancellations must be received in writing and received by the due date and confirmed as received by TAWG, please note TAWG is not responsible for undelivered written confirmations. Cancellations are not valid without a written receipt from TAWG acknowledging receipt of your cancellation. TAWG may from time to time require proof written confirmation was sent. TAWG would recommend sending written proof via a registered provider like royal mail recorded service or phone customer services direct and ask for a receipt.
10.1.3.2. On occasion where a course has to be cancelled by the Trainer or TAWG the Purchaser is making the booking on the agreement that TAWG cannot be held responsible for any costs incurred by the Purchaser as a result of the Trainer or TAWG cancelling the course and therefore the Purchaser accepts that TAWG cannot compensate the Purchaser in any way for any expenses whatsoever as a result of the said cancellation. The Purchaser understands the booking is being made on that basis.
10.1.4. Consumer Cancellations
If you are booking as an individual, you have seven working days in which to cancel your booking from the date it was made without charge. If your course is due to start within seven working days of the date you made the booking, the cancellation request has to be received prior to the course start date. For courses that are booked outside this period standard cancellation fees apply. This does not affect your statutory rights. Cancellations can be received by phone 01937 371058 or email email@example.com
11. UNFORESEEN CIRCUMSTANCES
11.1. On occasion, unforeseen circumstances may require TAWG to cancel a course. For example if a trainer is taken ill or has had an accident on the way to the training. In such circumstances you will be given as much notice as possible and agree to accept to rearrange your course to another date. In these circumstances the course will be rearranged at no charge to you and you agree and accept no refunds will be given.
11.2. On occasion where a course has to be cancelled by TAWG the booking is made on the understanding by the Purchaser that TAWG cannot be held responsible for any costs incurred by the Purchaser as a result of TAWG cancelling the course and therefore the Purchaser accepts that TAWG cannot compensate the Purchaser in any way for any expenses whatsoever as a result of the said cancellation.
11.3. The Purchaser accepts that, from time to time, TAWG may have to cancel training as a result of any government advice or legislative requirement (including requirements made by any local or regional governmental body) such as restricted lockdown procedures and enforced social distancing measures. In these circumstances the Purchaser agrees these are unforeseen circumstances and no refunds are due and the course may have to be rescheduled or cancelled.
12.1. The Contract may be terminated by TAWG with immediate effect if you fail to pay the price in accordance with clause 5 (Payment).
12.2. The Contract may be terminated by TAWG if you in any way bring into disrepute the name, the reputation, the interests of, the employees or any service provider to TAWG or of the goods and services of TAWG.
12.3. TAWG reserves the right to refuse or terminate any booking without reason. TAWG does not accept liability for the consequences of any refusal or termination of any booking. However where possible TAWG will endeavour to give reasonable notice of any such termination.
12.4. The Contract may be terminated if either party ceases to carry on its activities, becomes unable to pay its debts when they fall due, becomes or is deemed insolvent, has a receiver, manager, administrator, administrative receiver or similar officer appointed in respect of the whole or any part of its assets or business, makes any composition or arrangement with its creditors, takes or suffers any similar action in consequence of debt, an order or resolution is made for its dissolution or liquidation (other than for the purpose of solvent amalgamation or reconstruction) or enters into liquidation whether compulsorily or voluntarily or shall suffer any analogous event under any jurisdiction which it is
12.5. Notwithstanding termination of the Contract for any reason you will continue to be liable for that proportion of the price attributable to those Services provided up until the date of termination.
13. DATA PROCESSING & PROTECTION
14. FORCE MAJEURE
14.1. In these Terms “Force Majeure Event” means: any circumstances beyond the reasonable control of a party including without limitation strikes, lock-outs or other industrial disputes (whether involving the workforce of the party so prevented or of any other party), acts of God, government actions, war, riot, hostilities (whether war be declared or not), armed conflict, terrorist attack, terrorist activity, nuclear, chemical or biological contamination, sonic boom, civil commotion, revolution, malicious damage, compliance with any law or governmental order, rule, regulation or direction (including without limitation those measures connected with the management of any epidemic, pandemic or pubic health emergency (including any notifiable disease) incident whether at local, regional or national level), sanctions, embargo, accident, non provision of the services due to any matter affecting the availability of the Trainer, power failure, breakdown of plant or machinery, fire, flood, drought, storm, earthquake or other natural disaster, default of suppliers or sub-contractors, difficulties or increased expense in obtaining raw materials, labour, fuel, parts or machinery, or import or export regulations or embargoes.
14.2. If either party is prevented, hindered or delayed in the performance of any of its obligations under these Terms (in whole or in part) by a Force Majeure Event (the “Affected Party”), or if such performance is rendered more onerous (in whole or in part), it shall have no liability or be deemed to be in breach of these Terms in respect of the performance of such of its obligations as are prevented by the Force Majeure Event during the continuation of such Force Majeure Event, and for such time after they cease as is necessary for that party, using all reasonable endeavours, to recommence its affected operations in order for it to perform its obligations, and the time for performance of any obligations shall be extended by a period equivalent to the period during which performance of the obligation has been delayed or prevented.
14.3. The Affected Party shall:
14.3.1. as soon as reasonably practicable after it becomes aware that its performance of its obligations will or is likely to be affected in the manner described in clause 14.2 by the Force Majeure Event, serve notice in writing on the other party specifying the nature and extent of the circumstances giving rise to the Force Majeure Event; and
14.3.2. take all reasonable steps to avoid or minimise the effect of the Force Majeure Event on the performance of its obligations under these Terms.
14.4. If a party’s performance of its obligations under any Contract to which these Terms apply) is affected by a Force Majeure Event requiring cancellation of a training course, either party may terminate the Contract made pursuant to these Terms immediately on service of written notice upon the other Party.
14.5. For the avoidance of doubt, the occurrence of a Force Majeure Event shall not release the Purchaser from its obligation to pay any sums due under these Terms or entitle the Purchaser to any refund.
15.1. All notices given by the Purchaser to TAWG must be sent to Save Lives at Work, First Floor, 1 Horsefair, Wetherby, Leeds LS22 6JG or via the email address firstname.lastname@example.org.
15.2. TAWG may give notice to the Purchaser at either the e-mail, mobile, fax or postal address you provide to TAWG when placing an order.
15.2.1. Notice will be deemed received and properly served immediately when posted on the Site, 2 hours after TAWG sends an e-mail, mobile text or fax, or three days after the date of posting of any letter.
15.2.2. 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, mobile text or fax that such e-mail, mobile text or fax was sent to the specified e-mail address, mobile phone or fax number of the addressee.
16. CERTIFICATES & REQUALIFICATION CERTIFICATES
16.1. To be eligible to attend a two day requalification course the Delegate must present a valid first aid at work certificate issued by an approved provider which is in date on the last date of the requalification course. For the purposes of this clause 16.1 “in date” means the period within three months prior to original certificate expiry date. Current government guidelines allow 28 days from expiry date of the certificate to complete a requalification course.
16.2. In the case of the provision of Services booked by TAWG, certificates to prove completion of the course may be withheld by TAWG until payment is made.
16.3. TAWG make no guarantee that the Delegates will pass the course. In any case, the
full course fee remains payable and no refund shall be given should the Delegate fail a course.
17.1. Nothing in these Terms limit any liability which cannot legally be limited, including liability for:
17.1.1. death or personal injury caused by negligence;
17.1.2. fraud or fraudulent misrepresentation; and
17.1.3. breach of the terms implied under section 2 of the Supply of Goods and
Services Act 1982 (title and quiet possession).
17.2. Nothing in these Terms exclude or limit or attempts to exclude or limit liability in
respect of the terms implied sections 3, 4 and 5 of the Supply of Goods and Services
Act 1982 are, to the fullest extent permitted by law, excluded from the Contract.
17.3. TAWG will be under no liability to the Purchaser whatsoever (whether in contract, tort (including negligence), breach of statutory duty, restitution or otherwise) for any
damage or direct, indirect or consequential loss howsoever caused.
17.4. TAWG aggregate liability under these Terms (whether in contract, tort (including negligence), breach of statutory duty, restitution or otherwise) for any damage or direct, indirect or consequential loss (all three of which terms include, without limitation, pure economic loss, loss of profits, loss of business, depletion of goodwill and like loss) howsoever caused will be limited to the amount paid for the Services
17.5. TAWG shall not be liable for mistreatment of any person or property arising out of the
Purchasers or Purchasers the Delegates failure to follow the guidelines set out by the
17.6. TAWG liability is to provide the Trainer to the Purchaser and the Delegates and
therefore shall not be liable for mistreatment of any person or property arising from
the Trainer’s advice.
17.7. The Purchaser accepts TAWG does not deliver the training courses and advice
therefore any liability for training advice is the liability of the trainer or training company
who have agreed to provide the training on the terms herein.
17.8. The Purchaser shall indemnify TAWG for any loss or expenses caused as a result of
providing inaccurate information to TAWG, mistakes contained within the Purchasers order or personal injury or death caused by a Purchaser or Purchasers delegates not following the registered trainers guidelines correctly.
17.9. The Purchaser accepts that under the HSE guidance as of 1st October 2013 that the new regulations now require employers to carry out their own due diligence and investigations on the first aid training provider in order to ensure that the training meets the requirements and necessary standards for their company.
17.10. Subject to clause 17.1, the Purchaser accepts all responsibility for risks relating to Coronavirus epidemic or pandemic including Covid 19 pandemic incidents with regards to their business and employees and are sending their Delegates in full awareness of the risk that exposure to such diseases cannot be entirely excluded from a course.
17.11. The Purchaser agrees that it is their responsibility to conduct its own risk assessment before training can commence and not the responsibility of TAWG.
17.12. Subject to clause 17.1 the Purchaser accepts TAWG can not be held responsible for any loss occurring as a result of the transmission of an infectious disease including Covid-19 during or after a training course has taken place.
18.1. In the event of a dispute the parties shall agree to keep the dispute confidential and use all reasonable endeavours to resolve it as soon possible. If they fail to do so within 14 days, the parties shall try to agree a method of dispute resolution. If an agreement cannot be reached within 14 days the parties agree that the dispute will then become subject to the exclusive jurisdiction of the English courts.
19. GOVERNING LAW
19.1. The Terms and any Contract made pursuant to them shall be governed by the law of England and Wales and the courts of England and Wales shall have exclusive jurisdiction to settle any disputes.
20.1. TAWG has the right to revise and amend these Terms from time to time without notice.
21.1. The failure of a party to exercise or enforce any right conferred on that party by the Contract shall not be deemed to be a waiver of any such right or operate to bar the exercise or enforcement thereof at any time or times thereafter.
22.1. TAWG warrant to provide the Service with all the care and skill to be expected of a competent booking agent experienced in undertaking services of the same kind as the services.
22.2. If the Services performed are in breach of clause 17.4, TAWG will at its option make good the performance, re-perform the service or refund the Purchaser the relevant price, subject to availability and the performance having been proved to be deficient to the reasonable satisfaction of TAWG. These obligations will not apply where part of the Services concerned were based on information supplied by or varied from the normal service at the specific request of the Purchaser or where the Purchaser failed to notify TAWG of the defect within 14 days of the supply.
23.1. Each party acknowledges and agrees that any and all information concerning the other's business or the terms of the Contract including any disputes is confidential (hereinafter referred to as 'Confidential Information') and each party agrees that it shall not permit the duplication, use or disclosure of any such Confidential Information to any person, website or third party (other than its own employee, agent or sub- contractor where the same requires such information for the performance of these Terms) unless such duplication, use or disclosure is specifically authorised in writing by the other party, or is required by the operation of Law. The parties shall take steps to ensure that their employees, agents and sub-contractors keep Confidential Information confidential.
24.1. TAWG may at any time assign the Contract or any of TAWG’s rights or obligations under it.
25. WRITTEN CONFIRMATION
25.1. Applicable laws require that some of the information or communications TAWG sends to you should be in writing. When using the Site, you accept that communication with TAWG will be mainly electronic. TAWG will contact you by e-mail or provide you with information by posting notices on the site.
25.2. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that TAWG provides to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
26. INFECTIOUS DISEASES & INFECTION CONTROL
26.1. In line with the latest advice issued by the HSE and any appropriate Awarding Bodies, in relation to face to face first aid training, it is the employers and training providers responsibility to adopt the latest government guidelines to keep your Delegates safe during their course and the Purchaser agrees it is not the responsibility of TAWG.
26.2. By booking face to face training you agree If a delegate has any of the symptoms of demonstrating a Health Condition or where a Delegate is knowingly asymptomatic in respect of a Health Condition they must not attend training. It remains the responsibility of the Delegate and the Purchaser to ensure that all delegates are fit and well enough to attend the course inline with latest government advice.
26.3. It is the Purchasers and the Trainer’s responsibility to implement the latest social distancing measures during the course, as issued by the government, between everyone at all times during the course and request the same of Delegates during breaks.
26.4. The Purchaser agrees If the room provided for training fails to meet the Venue Special Requirements the Trainer may require that a reduction in class sizes on the day occurs to ensure social distancing can be maintained and this is at the training providers discretion.
26.5. The Purchaser must provide and make hand sanitisation available and ensure that regular hand-washing protocols are in place and adhered to.
26.6. It is the Purchaser's responsibility to ensure all Delegates are provided with appropriate personal protective equipment (PPE) in line with the requirements of the course.
26.7. It is the Purchaser's responsibility to ensure all of their delegates wear the relevant personal protective equipment during training and conduct their own risk assessments.
26.8. If the policy of the Purchaser applicable in the case of Onsite training courses would require the Trainer to wear a face mask it is the responsibility of the Purchaser to provide reasonable notice to TAWG of this whereupon TAWG will use reasonable endeavours to ensure that the Trainer co-operates with this requirement.
26.9. Face-coverings will usually not be provided but delegates are welcome to wear their own should they wish where use is not compulsory. Policies on face coverings will be kept in line with government advice and it is the Purchasers responsibility to ensure compliance.
26.10. The Purchaser agrees to make all delegates aware of the terms and conditions of this course. In particular the Purchaser agrees to make all delegates attending aware although procedures have been put in place to protect employees and delegates by the training provider and employer, the risk of contracting an infectious disease such as Coronavirus is still possible and you acknowledge that you are aware of this risk when attending a course and therefore your participation is at your own risk.
26.11. It is the employer’s and/or Purchasers (if not the same) duty to make your delegates
aware of the conditions and risks outlined above before they attend the course.
27. PRICE GUARANTEE
27.1. Price Guarantee offer only applies to identical training courses. This means the same course type, same course duration, same booked course date, same course time, same awarding body provider, same or similar wallet sized course ID Cards provided, same or similar course training books & materials provided.
27.2. We need to see the original quote from the other training company before booking the course with us (this could be emailed or faxed to us but must be on training company headed paper). This quote must be broken down in terms of the cost of the training, the cost of the certification, the cost of the training materials and the cost of additional expenses such as travel, accommodation and parking.
27.3. The currency on all price matching must be in Pound Sterling.
27.4. Price guarantee is based on the net price before vat at the current rate.
27.5. Price guarantee is limited to one booking per customer.
27.6. Price guarantee once agreed means the course must then be booked within 24 hours
of our agreement.
27.7. All Price guaranteed courses must be paid for in advance.
27.8. The price match must be presented before the booking is made. We will not offer price
guarantees on bookings already made.
27.9. We are not able to price match against courses that you have accessed funding for,
unless you can use the funding towards our training courses.
28. RESELLING AND RESELLER AGREEMENTS
28.1. Reselling any of our products or services is strictly prohibited and anyone found doing so will be in breach of these terms & conditions. If you are found to be reselling access to our products or services may be removed with immediate effect and you will not be entitled to a refund.
29. PRODUCT BUNDLES
29.1. Product Bundles are sold under the premise that each learner has access to all course titles within the bundle. Bundle course licenses cannot be split out to train a greater number of learners than the number of learner spaces purchased for the bundle in question. If you are found to be training more learners than you have learner spaces within the bundle, access to our products or services may be removed with immediate effect and you will not be entitled to a refund.
30. SATISFACTION GUARANTEE
30.1. TAWG e learning only satisfaction guarantee will offer a full refund on any purchase made within 30 days of purchase. Any refund amount will be inclusive of any ‘offer, deal, discount or promotional price’ accepted at the time of sale, in relation to the product(s) in question.
30.2. 104. TAWG reserves the right to decline refunds after this time has passed. If you have completed an e learning course and received a refund under this satisfaction guarantee, you automatically accept that TAWG will remove any record of training from its database of learning and validation will not be possible via TAWG online certificate validity checker.
30.3. This does not affect your statutory rights
31. RESOURCES ON OUR WEBSITE AND THIRD PARTY LINKS
31.1. On occasions where our website provides links to other sites and resources provided by third parties, these links are given for your information only. We do not have any control over the contents of those sites or resources and you accept that you click on those links at your own risk.
32. COMPUTER AND DEVICE VIRUSES
32.1. Whilst we will endeavour to keep our site safe we do not give any guarantee that our website will be secure or free from viruses and therefore you agree to visit and use the site at your own risk.
32.2. You take responsibility for configuring your computer programmes and information technology correctly in order to access our website. You should make use of your own virus protection procedures and software.
32.3. You must not misuse our website by knowingly introducing viruses, trojans, worms, or other material which is technologically harmful or malicious. You must not attempt to obtain access which is unauthorised to our website, our servers, computers or database which is connected to our website. You agree to indemnify us against all losses in this instance.
33. NO RELIANCE ON CONTENT
33.1. The content of our website or provided by third party suppliers is provided for general information only. It is not intended to amount to advice on which you should rely on.
33.2. You must obtain your own professional or specialist advice before taking, or omitting to take, any action on the basis of the contents of our website.
33.3. You must get your own health and safety risk assessment in place and make your own due diligence checks on the trainers and training companies booked to do your training by TAWG.
33.4. Although we make reasonable efforts to keep the information on our website up to date, we do not make any guarantees, representations or warranties whether express or implied, that the content on our website is complete, accurate or up-to-date.
33.5. We do not provide a guarantee that our website or the content on it will be free from omissions or errors.
33.6. We may change the content from time to time. Please note that from time to time some of our website may be out of date and we are under no obligation to update it.
34. ACCESSING OUR WEBSITE AND SOFTWARE SYSTEMS
34.1. We are not able to provide a guarantee that our website or any software systems provided to you and its content will always be available. We provide access to our website and any software systems provided on a temporary basis and may withdraw, suspend or discontinue our website in whole or in part without notice. We are not liable to you if for any reason if our website is not available for any period or at any time.
35. ACCOUNT AND PASSWORD TERMS
35.1. If you are provided with or choose a password, identification code or other piece of information as part of our security procedures then you are required to keep that information as confidential and you agree not to disclose it to a third party.
35.4. You agree to notify us at email@example.com if you suspect or know that your password has been obtained by anyone else.
36. DELIVERY OF ONLINE COURSES
36.1. Online courses will be delivered automatically and in accordance with the Confirmation Email (the date on which we e-mail you to confirm our acceptance of your order). Occasionally our delivery to you may be affected by an Event Outside Our Control. See terms for details of our responsibilities when this happens.
36.2. In the case of courses delivered electronically, these will be delivered within 24 hours and can be accessed immediately following the Confirmation Email. However please note our normal opening times as online accounts are administered during these hours.
36.3. Course content may be updated from time-to-time in line with changes to regulation and best practice, or to resolve any technical issues or bugs.
37. SYSTEM REQUIREMENTS
37.1. For the best experience, a Windows or Mac Laptop/Desktop computer with the latest version of Google Chrome is highly recommended.
37.2. Other browsers and devices, such as iPads, Tablets & Mobile Phones, may not be compatible with some courses. Please get in touch for further advice