- These terms
- What these terms cover.
These are the terms and conditions on which we supply services to you.
- Why you should read them.
Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide services to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
- Are you a business customer or a consumer?
In some areas you will have different rights under these terms depending on whether you are a business or consumer. You are a consumer if:
- you are an individual; and
- you are booking a course with us wholly or mainly for your personal use (not for use in connection with your trade, business, craft or profession).
Provisions specific to consumers or businesses only are clearly specified as so.
- If you are a business customer this is our entire agreement with you.
If you are a business customer these terms constitute the entire agreement between us in relation to your booking. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these terms and that you shall have no claim for innocent or negligent misrepresentation based on any statement in this agreement.
- Information about us and how to contact us
- Who we are.
We are Train 2 Train Limited a company registered in England. Our company registration number is 07380504 and our registered office is at Office 22-23, The Rear Walled Garden, The Nostell Estate, Nostell, Wakefield, West Yorkshire, WF4 1AB. Our registered VAT number is 102499134.
- How to contact us.
You can contact us by telephoning our customer service team at 01302 363 136 or by emailing to us at email@example.com or by writing to us at Office 22-23, The Rear Walled Garden, The Nostell Estate, Nostell, Wakefield, West Yorkshire, WF4 1AB.
- How we may contact you.
If we have to contact you, we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
- “Writing” includes emails.
When we use the words “writing” or “written” in these terms, this includes emails.
- Our contract with you
- How we will accept your order.
Our acceptance of your order will take place when you receive confirmation of your order via our website or by email from us, at which point a contract will come into existence between you and us.
- If we cannot accept your booking.
If we are unable to accept your order, we will inform you of this and will not charge you for the booking. This might be because the course is fully booked, unexpected limits on our resources which we could not reasonably plan for or because we have identified an error in the price or description of the course.
- Our courses
- If you are a business and booking a course on behalf of delegates and a booked delegate is unable to attend, you may allow a substitute delegate to attend the course in their place, providing the substitute delegate: (i) has sufficient time for any pre-course work to be completed; and (ii) is able to meet all the necessary pre-requisites of the course.
- If any delegate on the course behaves in a way which we, in our sole discretion, deem detrimental, we may remove such delegate from the course and no refund will be given.
- Unless stated otherwise, the copyright for any promotional materials and any materials used during the course (including course notes, slides, brochures, articles and case studies) belong to us and may not be reproduced in any medium without our prior written consent.
- Each delegate on the course will remain solely responsible for their own property and such property is entirely at their own risk.
- Our rights to make changes or cancel a course
- We may occasionally have to change the timing and content of the course and reserve the right to modify the course information and tutor.
- We reserve the right to cancel the course. This may be because of under subscription, weather warnings or unexpected limits on our resources which we could not reasonably plan. In such circumstances a full refund of the course fee will be made or transferred to another suitable course should you wish to do so. For this reason, delegates are encouraged not to book travel or accommodation more than two weeks prior to any course date. We will not be responsible for any additional costs you may have incurred, including costs for travel or accommodation.
- We are not responsible for delays outside our control.
We reserve the right to defer the date of the course or end the contract if the course is prevented or delayed by an event outside our control. We will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract.
- What will happen if you do not give required information to us.
We may need certain information from you so that you can attend the course, for example, your postal address, date of birth, qualifications, prior learning and work experience. We will contact you to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may end the contract and cancel the course you have booked onto with no refund.
- Your rights to end the contract
- You can always end your contract with us.
Your rights when you end the contract will depend on how we are performing, when you decide to end the contract and whether you are a consumer or business customer:
- if the course you have booked is misdescribed you may have a legal right to end the contract (or to get a service re-performed or to get some or all of your money back), see clause 8 if you are a consumer;
- if you want to end the contract because of something we have done or have told you we are going to do, see clause 2;
- if you are a consumer and have just changed your mind about the course, see clause 3. You may be able to get a refund if you are within the cooling-off period; and
- in all other cases (if we are not at fault and you are not a consumer exercising your right to change your mind), see clause 5.
- Ending the contract because of something we have done or are going to do.
If you are ending a contract for a reason set out at (a) to (c) below the contract will end immediately and we will refund you in full for any course which has not been provided and you may also be entitled to compensation. The reasons are:
- we have told you about an error in the price or description of the course you have ordered and you do not wish to proceed;
- there is a risk that supply of the course may be significantly delayed because of events outside our control; or
- you have a legal right to end the contract because of something we have done wrong.
- Exercising your right to change your mind if you are a consumer.
If you are a consumer, then you have a legal right to change your mind within 14 days after the day we email you to confirm we accept your order and receive a refund.
- When consumers do not have a right to change their minds.
Your right as a consumer to change your mind does not apply in respect of the course, once the course is complete, even if the cancellation period is still running.
- Ending the contract where we are not at fault and there is no right to change your mind.
Even if we are not at fault and you are not a consumer who has a right to change their mind, you can still end the contract before it is completed. A contract for services is completed when we have finished providing the services and you have paid for them. You may end a contract before it is completed where we are not at fault and you are not a consumer who has changed their mind, just contact us to let us know. The contract will end immediately. If the cancellation is made:
- more than 21 days before the course is due to commence, we will charge you 50 percent of the course fee; and
- days or less before the course is due to commence, no refund will be payable by us.
- How we will refund you.
If you are entitled to a refund under these terms we will arrange for a refund to be issued to you for the price you paid for the course, by the method you used for payment.
- When your refund will be made.
We will make any refunds due to you as soon as possible and usually within 5 to 10 working days (where a “working day” is a day other than a Saturday, Sunday or public holiday). If you are a consumer exercising your right to change your mind then your refund will be made within 14 days of your telling us you have changed your mind.
- If there is a problem with the course
If you have any questions or complaints about the course, please contact us.
- Your rights in respect of defective services if you are a consumer
If you are a consumer we are under a legal duty to deliver courses that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the course. Nothing in these terms will affect your legal rights.
Summary of your key legal rights
This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
The Consumer Rights Act 1520!! says:
a) You can ask us to repeat or fix a service if it’s not carried out with reasonable care and skill, or get some money back if we can’t fix it.
b) If you haven’t agreed a price beforehand, what you’re asked to pay must be reasonable.
See also clause 6.2.
- Price and payment
- Where to find the price for the course.
The price of the course (which excludes VAT) will be the price indicated on the order pages when you placed your order. We take all reasonable care that the price of the course advised to you is correct. However please see clause 9.2 for what happens if we discover an error in the price of the course you booked.
- What happens if we got the price wrong.
It is always possible that, despite our best efforts, some of the courses may be incorrectly priced. We will normally check prices before accepting your order so that, where the course’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the course’s correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract and refund you any sums you have paid.
- When you must pay and how you must pay.
If you place an order on our website, we accept payment by credit card, debit card, cheque and bank transfer. If you place an order other than via our website, we accept payment by BACS transfer only. You must pay for the course at the time of booking unless you are an account customer where separate payment terms apply.
- Our right of set-off if you are a business customer.
If you are a business customer you must pay all amounts due to us under these terms in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
- Our responsibility for loss or damage suffered by you if you are a consumer
- We are responsible to you for foreseeable loss and damage caused by us.
If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
- We do not exclude or limit in any way our liability to you where it would be unlawful to do so.
This includes liability for death or personal injury caused by our negligence; for fraud or fraudulent misrepresentation; and for breach of your legal rights in relation to the services as summarised at clause 8.1.
- When we are liable for damage to your property.
If we are providing services in your property, we will make good any damage to your property caused by us while doing so. However, we are not responsible for the cost of repairing any pre-existing faults or damage to your property that we discover while providing the services.
- We are not liable for business losses.
If you are a consumer we only supply the course for private use. If you use the course for any commercial or business purpose our liability to you will be limited as set out in clause 11.
- Our responsibility for loss or damage suffered by you if you are a business
- Nothing in these terms shall limit or exclude our liability for:
- death or personal injury caused by our negligence; or
- fraud or fraudulent misrepresentation; or
- any matter in respect of which it would be unlawful for us to exclude or restrict liability.
- Nothing in these terms shall limit or exclude our liability for:
All terms implied by sections 3 to 5 of the Supply of Goods and Services Act 1982 are excluded.
- Subject to clause 1:
- we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us; and
- our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to a sum equal to 100 per cent of the total sums paid by you for courses under such contract.
- How we may use your personal information
- If you are a consumer.
- If you are a business.
If we are providing services to you, we will usually receive personal data from you about your employees so that we are able to contact those employees to discuss courses, accreditations, qualifications and other services we provide with them. When you transfer the employee personal data to us, we act as your processor and the terms of Appendix 1 to these terms will apply. The personal data you transfer to us for this purpose usually consists of your employees’ names, title, date of birth, position / job role, email address, the name of the organisation at which they work, their existing qualifications and accreditations and, if they have chosen to provide it, their gender. We will process the personal data for as long as is necessary to contact those employees and, if appropriate, liaise with them and provide them with services related to courses, accreditations and qualifications. We will only use the personal data you provide to us initially to contact the employees to ask if they would like to participate in courses, accreditations or qualifications provided by us.
If your employees choose to participate in courses, accreditations, qualifications and other services we provide, we will be controller of subsequent personal data the employees provide to us and of information we process about the qualifications and accreditations of your employees in relation to training courses and accreditations provided by us.
- Other important terms
- We may transfer this agreement to someone else.
We may transfer our rights and obligations under these terms to another organisation. We will contact you to let you know if we plan to do this and if you are a consumer, we will ensure that the transfer will not affect your rights under the contract.
- You need our consent to transfer your rights to someone else.
You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
- Nobody else has any rights under this contract (except someone you pass your guarantee on to).
This contract is between you and us. No other person shall have any rights to enforce any of its terms.
- If a court finds part of this contract illegal, the rest will continue in force.
Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
- Even if we delay in enforcing this contract, we can still enforce it later.
If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
- Which laws apply to this contract and where you may bring legal proceedings if you are a consumer.
These terms are governed by English law and you can bring legal proceedings in respect of the course in the English courts. If you live in Scotland, you can bring legal proceedings in respect of the services in either the Scottish or the English courts. If you live in Northern Ireland, you can bring legal proceedings in respect of the services in either the Northern Irish or the English courts.
- Which laws apply to this contract and where you may bring legal proceedings if you are a business.
If you are a business, any dispute or claim arising out of or in connection with a contract shall be governed by and construed in accordance with the law of England and the courts of England shall have exclusive jurisdiction.
(Complete and return this form only if you wish to withdraw from the contract)
To Train 2 Train Limited, Office 22-23, The Rear Walled Garden, The Nostell Estate, Nostell, Wakefield, West Yorkshire, WF4 1AB.
I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale for the supply of the following course [*],
Ordered on [*]/received on [*],
Name of consumer(s),
Address of consumer(s),
Signature of consumer(s) (only if this form is notified on paper),
[*] Delete as appropriate
- – Processor Terms
This appendix 1 applies only to businesses and only to the extent you, as Controller, transfer Personal Data to us, as Processor, in accordance with clause 12.2. of the terms.
- For the purposes of this appendix 1:
the terms “Controller”, “Processor”, “Data Subject”, “Personal Data”, “Personal Data Breach”, “Process” and “Processing” have the meanings prescribed in the Data Protection Legislation;
Data Protection Legislation: means in each case to the extent applicable to the parties and as amended, superseded, replaced or updated from time to time: (i) GDPR; (ii) the UK GDPR; (iii) the Data Protection Act 2018; (iv) the Privacy and Electronic Communications (EC Directive) Regulations 2003; and (v) any other applicable data protection and privacy laws;
GDPR: means the General Data Protection Regulation ((EU) 2016/679); and
UK GDPR: has the meaning given to it in section 3(10) (as supplemented by section 205(4)) of the Data Protection Act 2018.
- Where we act as Processor as set out in clause 12.2 of the terms, we shall comply with the Data Protection Legislation to the extent applicable to Processors and you shall comply with the Data Protection Legislation to the extent applicable to Controllers.
- Where we act as Processor as set out in clause 12.2 of the terms, we shall:
- process Personal Data only on your written instructions and only to the extent required to provide services to you, including contacting your employees to arrange the provision of courses, accreditations and/or qualifications, as applicable. If we are required by any applicable laws to process Personal Data we shall, to the extent legally permitted, notify you before doing so;
- have in place appropriate technical and organisational measures to protect against unauthorised or unlawful processing of, accidental loss or destruction of or damage to Personal Data, appropriate to the harm that might result from the unauthorised or unlawful processing or accidental loss, destruction or damage and the nature of the data to be protected;
- not engage another processor without general written authorisation from you and without ensuring that the same data protection obligations as set out in these terms are imposed in a written contract on that other processor and we shall remain fully liable to you for performance of the other processor’s obligations to the extent the other processor fails to fulfil their data protection obligations. For the purposes of this clause 3 you confirm that you have authorised the appointment of Stripe as our third party payment provider;
- ensure that persons who have access to or process Personal Data keep the Personal Data confidential (either under contractual or statutory obligations);
- ensure that any transfer of Personal Data outside of the European Economic Area takes place only on your documented instructions and on the following conditions: (i) we are processing Personal Data in a territory which is subject to a current finding by (in respect of Personal Data originating from the European Economic Area) the European Commission or (in respect of Personal Data originating from the UK) the UK Government under the Data Protection Legislation that the territory provides adequate protection for the privacy rights of individuals; or (ii) we are participating in a valid cross-border transfer mechanism under the Data Protection Legislation so that we can ensure that appropriate safeguards are in place to ensure an adequate level of protection with respect to the privacy rights of individuals as required by Article 46 of GDPR; or (iii) the transfer otherwise complies with the Data Protection Legislation;
- assist you to respond to any request from a Data Subject;
- notify you without undue delay if we receive a request from a Data Subject to exercise any of their rights under the Data Protection Legislation;
- notify you without undue delay if we become aware of any accidental, unauthorised or unlawful processing of the Personal Data or a Personal Data Breach;
- taking into account the nature of our processing and the information available to us, provide reasonable assistance to you complying with your obligations pursuant to Articles 32 to 36 of GDPR including in relation to Data Subject rights, data protection impact assessments and reporting to and consulting with supervisory authorities under the Data Protection Legislation;
- at your written direction, delete or return Personal Data to you on termination of our provision of the services to you, unless we are required by law to store the Personal Data. This does not affect our right to retain Personal Data about your employees that we have obtained in a capacity of controller;
- maintain complete and accurate records and information to demonstrate our compliance with this clause and allow for audits by you or your designated auditor, provided that you shall provide reasonable notice of any audit you wish to carry out and you shall conduct no more than one audit per year; and
- immediately inform you if, in our opinion, an instruction from you infringes the Data Protection Legislation and shall promptly notify you of any changes to Data Protection Legislation that may adversely affect our processing of Personal Data pursuant to these terms.