Back On Track Terms & Conditions
Terms and Conditions:
We would like to thank you for choosing to use Back on Track Training. In order to protect our legal position we are required to send you our terms and conditions, which set out the basis on which we will provide training. However, if you have any concerns, issues or complaints in relation to this course then please contact us to discuss them. We will aim to resolve any complaints or issues with you without recourse to legal proceedings.
1 Definitions:
1.1 In this Agreement the following words and phrases shall have the following meanings unless the context otherwise requires: ‘Confirmation Letter’ means the letter sent by Us to You by email in accordance with clause 2.3 below confirming the Course Date(s) and the Fees paid;
‘Customer’ means the person, firm or company who enters into a contract with Us on these terms and conditions;
‘Trainee’ means the course delegates that the customer has identi- fied as requiring training;
‘Trainer’ is the Back on Track employee who is providing the training.
‘Course’ means the provision of the training services by Us to You on the Course Date(s);
‘Course Date(s)’ means the date(s) of the Course as confirmed to You in writing by Us in the Confirmation Letter;
‘Fees’ means the fees payable by You to Us for the provision of the Course as set out in the Invoice, which You agree to pay to Us under the terms set out in this Agreement;
‘Intellectual Property’ means all intellectual property rights anywhere in the world (including present and future intellectual property rights);
‘Materials’ means any Course materials, handouts, discussion sheets, or other such materials provided by Us as part of the Course;
‘Us’ means Back on TrackTraining and ‘We’ or ‘Our’ shall be interpreted accordingly; and
‘You’ means the Customer and all the Customer’s employees and ‘Your’ or ‘Yours’ shall be interpreted accordingly.
2 The Agreement:
2.1 Once a training date and the customers’ requirements has been agreed either by telephone or email then an invoice will be sent
to You. This will outline the Course being provided, the date, the venue and the number of delegates. Our Terms and Conditions will be included and You will be instructed to read them and confirm that You have done so by way of an automatic tick box.
2.2 If You wish to proceed with the booking please arrange payment as instructed on the invoice.This payment will need to be made before the course can be confirmed, although Your date will be provisionally booked in Our training diary for 72 hours whilst awaiting payment. If We do not receive payment within 72 hours then We reserve the right to release Your booking. You will be instructed that payment of the invoice will confirm that You have read the terms and conditions and course details and are entering into a contract with Us on this basis.
2.3 Once payment has been received A course booking confirmation will be sent to You via email, again confirming the course booking details and agreed venue. This is to ensure that all the details of the booking are correct.You will need to contact Us should any amendments be needed.
2.4 If there is an addition to the number of trainees that You would like to attend please notify Us by email as soon as possible. It may require an extra trainer should You exceed the number agreed
in your booking confirmation.There will be additional costs if
this is required and We will need to confirm if a second trainer is available.
2.5 The Course times along with course venue details need to be passed onto the trainees attending the course by You.
2.6 Any individual(s) enrolling or enrolled onto a course are required to be in a suitable physical condition to enable them to participate safely in the practical session(s).This excludes those individual(s) who require a personal assistant and have informed us prior to the enrolment.
2.7 This Agreement shall be binding upon the Customer and all employees of the Customer who are enrolled upon a Course. You undertake to provide a copy of this Agreement to all persons attending the Course.
3 Our Obligations:
3.1 We shall ensure that the Course is presented by suitably qualified personnel.
3.2 We will provide the Course using reasonable care and skill.
3.3 Our trainers will arrive on time and will ensure the training environment is ready at least 15 minutes in advance of the Course start time.
3.4 We will provide all the required course material and basic training equipment unless You have identified additional equipment belonging to You in the original enquiry. This will be outlined in the booking confirmation email.
3.5 Our trainers will provide a signing in form to enable Us to provide Trainees with Certificates after the training and to assist
Us with notifying You of non attendance or any other concerns. Trainees will sign to say they are present and fit to participate in the training. The responsibility for this lies with the trainee.
3.6 Trainees will also complete a short written test at the end of the course. It is Your responsibility to identify to Us, in advance, any trainees who may be unable to complete a written test and We will take all reasonably practical measures to meet their needs. We will keep a copy of the sign in sheet and written tests in Our training log for 1 year.
3.7 We will provide all trainees, who have completed the course and written test to a satisfactory level, with a Certificate of attendance to Level 1 and a copy of the Course Objectives to demonstrate what they have been taught.
3.8 We have a duty to inform You if we have any concerns regarding the level of understanding or competence of any of the trainees.
4 Your Obligations:
4.1 Prior to and during the Course (and within the timescales agreed between You and Us) You agree to:-
4.1.1 provide Us with all information that is reasonably requested by Us; 4.1.2 Ensure that all information provided by You to Us is correct, accurate and up to date; and
4.1.3 Behave at all times in a manner that is not disruptive to other delegates or Our staff or employees.
4.2 On completion of the Course, and if required by Us, You agree to take part in a short written test and/or an assessment of practical skills. All tests are carried out with the intention of assessing Your understanding of the Course and to consider any improvements that We could make
to the Course.
4.3 If You fail to comply with Your obligations, as set out in clause 4.1, then We reserve the right to terminate your participation in the Course at any time. If We do this then You will not be entitled to a refund of the Course Fees.
5. Equality and Diversity:
5.1 Back on Track training is committed to supporting a
comprehensive policy which provides equality of opportunity and freedom from discrimination on the grounds of gender, race, colour, religion,sexual orientation, political belief, age, disability or special needs. The aim is to promote fair and equal treatment for all trainees. It is Our aim to make sure that during Our training courses no trainer or trainees will be discriminated against. Back on Track Training will: -Expect all employees and trainees to abide by the general principle. -Aim to treat all trainees fairly and on their ability and suitability. -Challenge any form of discrimination encountered.
-Encourage trainees to raise any concerns with their trainer or Employer. 6.Cancellations:
6.1 Back on Track Training reserves the right to cancel the course at any time due to any unforeseen circumstances. In the unlikely event that a course is cancelled We will notify You in writing by email and You may either transfer Your booking to an alternative date as soon as possible
or We will refund You all sums paid to us prior to such cancellation. We accept no responsibility for any loss resulting from a course cancellation, such as loss of work, travel, accommodation, etc.
6.2 Any cancellations made by You must be confirmed in writing to Back on Track Training and emailed to mandh@advancedseatingsolutions. com. All advised cancellations are acknowledge by Back on Track Training by email from mandh@advancedseatingsolutions.com. and sent to the person / organisation who advised of the cancelation. If You have not informed Us by email and have therefore not receive an acknowledgement by email from mandh@advancedseatingsolutions. com. then thecancellation will not be completed and no refund will be issued.
6.3 Any Course that is cancelled more than 30 days prior to the Start Date will be refunded but is subject to an admin charge.This will be
20% of the cost of the course.The rest of the fees will be reimbursed to You within 7 working days. Charges are necessary because cancellations cost Us money but We will only require You to pay a reasonable sum to reimburse Us for Our lost revenue.
6.4. Any course that is cancelled less than 30 days prior to the start date is not eligible for a refund.
6.5 On occasion You may need to change the date of Your training and We will endeavour to meet Your needs. However, We will require at least 14 days notice and have no obligation to do so if we are unable to meet Your needs.No courses can be rescheduled with less than 14 days notice. If a course date is rebooked for Your convenience and You then choose to cancel it, there will be no refund.
6.6 For courses booked at short notice with less than 30 days prior to the course start date the same rules will apply.
6.7 On some occasions, due to unforeseen circumstances beyond Our control, changes to course delivery such as times, trainer and course content need to be made and We reserve the right to make any changes required.
7. Confidentiality:
7.1 Any information of a confidential nature that is obtained or disclosed to Us prior to or during the Course will be kept strictly confidential and will not be disclosed to any other person except as required by law.
8. Data protection:
Your details are safe with Us. Information is collected lawfully and in accordance with the Data Protection Act 1998. The type of personal information we collect are
company details, such as address, email and telephone number. We do not share, sell or distribute information to third parties and we will never do so. No banking details are kept.
9. Complaints Procedure:
Back on Track Training recognises the importance of dealing with complaints in a professional manner. Where a complaint is made, the complainant can expect the
following from Back on Track training: -We will ensure that Your com- plaint is dealt with seriously.
-We will ensure that Your complaint is dealt with as soon as possible. -We will investigate the complaint and respond in writing by email within one week.
-We will ensure the complaint is kept on record.
-Where longer time is required to undertake further investigation the client will be advised of the timescale.
10 Intellectual Property:
10.1 You agree that all the Intellectual Property in the proprietary processes and procedures which are used in the delivery of the Course or any Materials provided by Us shall be owned by Us. 10.2 On completion of the Course You may retain the Materials provided to You as part of the Course. You may only modify (in whole or in part) the Materials provided to You with Our prior written permission. You may not permit, assist or licence another person to modify, vary or reproduce any of the Materials provided to You.
11 On going workplace Competency based training and Refresher Course:
11.1 Back on Track Training believe that regular refresher and update training is essential in maintaining patient and staff safety. We can offer Refresher and Update training to Your staff who have already completed Our introductory course.
11.2 The method of delivery of formal training at refresher stage should further knowledge and skills, and provide opportunity
for the development of analytical and problem solving skills and should do more than merely repeat the basics of legislation /spine awareness etc. It should also include updating staff in significant changes in manual handling practices and relevant policies and procedures. The evidence suggests that manual handling training is effective only if adequately reinforced with suitable materials and ongoing support within the organisation itself HSE (2007) Hignett (2006). Organisations should therefore be encouraged to provide sufficient supervision, assess competency, and monitor workplace practices to aid the implementation of the new skills and knowledge gained.
12 Limitation of Liability:
12.1 The following provisions set out Our entire financial liability (including any liability for the acts or omissions of its employees, agents and subcontractors) to You in respect of:-
(a) any breach of this Agreement;
(b) Our provision of the Course to You; and
(c) any representation, statement or tortious act or omission including negligence arising under or in connection with this Agreement.
12.2 All warranties, conditions and other terms implied by statute or common law (save for the conditions implied by section 2 of the Supply of Goods & Services Act 1982) are, to the fullest extent permitted by law, excluded from this Agreement.
12.3 Nothing in this Agreement excludes or limits Our liability:
(a) for death or personal injury caused by Our negligence;
(b) under section 2(3) of the Consumer Protection Act 1987;
(c) for any matter which it would be illegal for Us to exclude or attempt to exclude Our liability; or
(d) for fraud or fraudulent misrepresentation.
12.4 Subject to clauses 12.2 and 12.3 of this Agreement:-
(a) Our total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of this Agreement shall be limited to one and a half times the total amount of Fees paid by You to Us; (b) We shall not be liable to You for any pure economic loss, loss
of profit, loss of business, depletion of goodwill or otherwise; in each case whether direct, indirect or consequential, or any claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with this Agreement.
13. General:
13.1 This Agreement shall be governed by and construed in accordance with the laws of England and the parties hereby submit to the exclusive jurisdiction of the English Courts for such purpose.
13.2 We will not assign or transfer in whole or in part any of Our rights or obligations under this Agreement without your prior written consent.
13.3 Notwithstanding that the whole or any part of any provision of this Agreement may prove to be illegal or unenforceable the other provisions of this Agreement and the remainder of the provision in question shall remain in full force and effect.
13.4 For the avoidance of doubt nothing in this Agreement shall confer on any third party any benefit or the right to enforce any term of this Agreement.
13.5 This Agreement supersedes all prior agreements, arrangements and understandings between the parties and constitutes the entire agreement between the parties relating to the subject matter hereof. No addition to or modification of any provision of this Agreement shall be binding upon the parties unless made in writing signed by a duly authorised representative of each of the parties.
13.6 Neither party shall have any liability under or be deemed to be in breach of this Agreement for any delays or failures in performance of this Agreement that result from circumstances beyond the reasonable control of that party. If such circumstances continue for a continuous period of more than six (6) months, either party may terminate this Agreement by written notice to the other party.