Terms and Conditions of Sale for Worsley Training
The following terms and conditions apply to all orders for the purchase of Courses from Louise Worsley of Worsley Training (“We/Us/Our”).
If you have any questions relating to these terms and conditions, please refer to Clause 20 Contact Us.
“Cancellation Form” means the cancellation form of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, included with these Terms and Conditions of Sale;
“Course” or “Courses” means the first aid course(s) offered by Us;
“Order” means a purchase made for one of Our Courses by You;
“Private Course” means a Course booked by You as an individual or as part of a group to be held in your home or Venue and excludes company bookings and public scheduled Courses;
“Venue” means the place where a Private Course will be delivered other than Your home;
“Venue Cancellation Fees” means 100% of the cancellation fees charged by the Venue in accordance with their own cancellation policies;
“Venue Hire Fees” means the cost of hiring a Venue;
“Website” means www.worsleytraining.co.uk or any subsequent URL which may replace it; and
“You” means the purchaser of Courses from Us.
2. Courses and Availability
2.1 We will deliver the Courses with reasonable skill and care, consistent with best trade practices and standards. We are regulated by Rescue Emergency Care and Nuco Training.
2.2 We make all reasonable efforts to ensure that all general descriptions of the Courses correspond to the actual Courses that will be provided to You, however please note that the exact nature of the Courses may vary depending upon your individual requirements and circumstances.
2.3 We may cancel your Order at any before the Course commences in the following circumstances:
(a) Should any public Course be short of 6 participants;
(b) The required personnel and/or required materials necessary are not available; and
(c ) a Force Majeure event occurs in accordance with Clause 15.
2.4 If We cancel your Order under Clause 2.3 above, We will notify You in writing as soon as reasonably practical and You will be offered a choice of full refund or a transfer to the same Course on an alternative date. We do not accept any responsibility for certificates expiring as a result of a cancelled course.
3.1 You can place your Order by contacting Us via our Website, email or directly via Our Website booking system, once available. Your Order will be confirmed and legally binding once You receive a confirmation of your Order by email and all terms in Clause 5 have been met.
3.2 For Private Courses that require a Venue, We will work with you to find a suitable Venue. All Venue Hire Fees shall be passed onto You and payable in full at the time of booking and subject to Venue Cancellation Fees.
3.3 By booking a Course with Us, You agree and understand that:
(a) Our Courses are designed and taught using guidelines, our own experience as well as information provided by appropriate governing bodies. The training We provide is, to the best of our knowledge, up to date and evidence based and We will not be responsible for misinterpretation of any advice given as part of the Course;
(b) Our Courses are intended to supply You with the tools to aid and assist a person in need but if You are at all concerned about the person You are carrying out first aid on, You should seek medical advice and or call 999 in an emergency; and
(c ) Any information We provide you during our dealings with You should not be substituted for medical advice given by health professionals and nor will we accept responsibility for any related actions taken or diagnoses made by You.
4. Course Prices
4.1 All our prices are not subject to VAT and exclusive of Venue Hire Fees, if applicable.
4.2 Group rates may be available upon request.
4.3 We reserve the right to change prices and to add, alter, or remove special offers from time to time and as necessary. Changes in price will not affect any Order that You have already placed.
5.1 Individual customers are required to make payment in full at the time of booking any scheduled public Courses. We reserve the right to withhold issuing certificates until full payment has been cleared.
5.2 Private Courses must be booked with a deposit payment of 50% of the Course fees plus any Venue Hire Fees in advance at the time of booking with the final balance due within 30 days of the invoice date following the completion of the Private Course. We reserve the right to cancel the Private Course should we not receive the deposit payment in advance.
5.3 All payments can be made via bank transfer, cheque made payable to “Louise Worsley” or Paypal. Please note surcharges may apply for the use of Paypal.
5.4 Late payment charges will apply at a rate of 4% per annum above the base lending rate of Barclays Bank plc and shall accrue interest on a daily basis from the due date for payment until the actual date payment is received and You must pay all interest due when paying an overdue sum.
6. Company cancellations
Subject to Clause 9, if You are booking as a company, the full Course fee together with any Venue Cancellation Fees will be charged for cancellations made fewer than 10 working days before the Course start date. Cancellations must be in writing by email.
7. Customer cancellations for scheduled public Courses and Private Courses
7.1 If You are booking as an individual or as a private group, You have 14 calendar days in which to cancel your Order from the date it was placed. You may cancel by telephone or in writing during this period. Please note that the cooling off period lasts for whole calendar days. If, for example, You send Us an email or letter by 23:59 on the final day of the cooling off period, your cancellation will be valid and accepted.
7.2 If your Course is due to start within this 14 calendar day period, You acknowledge and agree that:
7.2(a) If We have delivered and completed the Course, You will lose your right to cancel and not be entitled to any refund of the fees You paid; or
7.2(b) If We have delivered the Course in part only, You are still able to cancel the remaining part(s) of the Course(s), but will be liable for the supply of all service(s) We have provided to You up until the time We receive notice of your intention to cancel. This will be calculated as an amount proportional to the services that have been supplied, taking into account the total cost of the Course including amounts already paid.
7.3 After the 14 calendar day cooling off period has lapsed, bookings for scheduled public Courses will be non-refundable but still subject to the Transfer provision in Clause 8 below. For Private Courses, if after the 14 calendar day cooling off period has ended, there is at least a calendar month left before the Course commencement date, You may cancel a Private Course no later than 14 calendar days prior to the Course commencement date and will be entitled to a refund equal to 25% of the Fees minus any Venue Cancellation Fees as applicable.
7.4 Cancellations can be made in writing by email or using the Cancellation Form provided below.
7.5 Refunds, where applicable, will be issued no later than 14 calendar days after You inform Us that You wish to cancel.
8. Changes and Transfer for individual public and Private Courses
You can transfer your place on a Course once to another person or another Course in the future without incurring a charge, provided that We receive this request at least 5 working days before the Course start date. If You book a Course less than 5 working days before the Course start date, You will not be able to make a transfer, except in the event of illness and You provide Us with a medical certificate. Transfer requests must be sent by email.
If for any reason We are required to repeat the Services in accordance with your legal rights, We will not charge you for the same and We will bear any and all costs of such repeat performance.
9. Changes and Transfers for company bookings
No charges will be applied to any transfer request to move a Course to another date, provided We receive such request at least 10 working days before the Course start date. Any such transfer requests received fewer than 10 working days before the Course start date will incur an additional 50% charge of the Course fee.
Good time keeping throughout each Course is essential as is attendance at all sessions. You must attend and complete all aspects of the Course to qualify for certification and We reserve the right to withhold your certificate or proof of training for any non-attendance. The full cost of the Course will be charged to You if You arrive late or are absent from all or part of the Course. This applies even if You are refused admittance due to lateness. The same terms in this Clause 10 will apply in respect of Clause 12.
11. Meeting the needs of our Customers
To enable Us to ensure that all customers are treated fairly and their requirements are fully met, You must advise Us in advance of any medical or educational needs that may impact on your ability to undertake the Course in full. We will ensure appropriate reasonable adjustments are made to ensure You can participate fully.
Please note that We do not provide any specialist equipment and/or personnel such as signers or translators though it may be possible to arrange these at extra cost to You.
It is your responsibility to ensure that if You are attending a requalification course, You hold proof of a current (in date) first aid at work certificate which is valid for the duration of the requalification Course being attended and that You bring this to the Course. We reserve the right to change the Course and Course fees should the requalification Course need to be adjusted as a result of issues with Your current certificate.
13. Replacement Certificates
If a replacement certificate has to be issued as a result other than due to our error, a fee will be charged dependent on the type of certificate required plus all postage charges.
14. Limitation of liability
14.1 We shall not be liable to Your for any loss, damage, costs, expenses or other claims for compensation arising from instructions supplied by You which are incomplete, incorrect, inaccurate, illegible, or in the wrong form or arising from your late arrival or non-arrival or any other fault of Yours.
14.2 We shall not be liable for any loss, damage, expense, injury or delay of any kind to You, Your employees (if applicable) or any third party, by any act, default or omission howsoever caused, except if such liability cannot be excluded by law.
14.3 Except in respect of death or personal injury caused by Our negligence, We shall not be liable by reason of any representation (unless fraudulent) or implied warranty condition or other term, or any duty at common law or under the express terms of this agreement, for any loss of profit, interruption to business, loss of business opportunity or any indirect special or consequential loss, costs, expenses or other claims for compensation. Our entire liability to You under or in connection with and the provision of the Courses to You shall not exceed the sum of the Course fees charged to You.
14.4 Nothing in these Terms and Conditions of Sale is intended to exclude any liability on Our part for fraud.
14.5 Nothing in these Terms and Conditions of Sale seeks to exclude or limit our liability for delivering Courses with reasonable care and skill or in accordance with information provided by Us. about the Courses or about Us.
14.6 Nothing in these Terms and Conditions of Sale seeks to exclude or limit your legal rights as a consumer.
15. Force Majeure
We will not be liable for any failure or delay in performing Our obligations where that failure or delay results from any cause that is beyond Our reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, industrial action by third parties, civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism, acts of war, governmental action, epidemic or other natural disaster, or any other event that is beyond Our reasonable control. In these circumstances, we will inform you as soon as possible and either suspend services until such time as we may resume them or cancel the Course in accordance with Clause 2.3.
We maintain current full professional indemnity insurance at all times.
17. Privacy and Data policies
If You have any complaint about this website or any of the services We provide, please contact us as per Clause 20 below.
20. Contact Us
If You have any questions regarding these Terms and Conditions of Sale, You may contact Us:
- By Phone at 07887 562613
- By Email at [email protected]
- By Mail at Louise Worsley, 4 Andover Road, Upavon, Wiltshire SN9 6EB
21. Other Important Terms
21.1 You may not transfer (assign) your obligations and rights under these Terms and Conditions of Sale and without Our express written permission.
21.2 The Contract is between You and Us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms and Conditions of Sale or avail of any rights under the Contracts (Right of Third Parties) Act 1999.
21.3 If any of the provisions of these Terms and Conditions of Sale are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms and Conditions of Sale. The remainder of these Terms and Conditions of Sale shall be valid and enforceable.
21.4 No failure or delay by Us in exercising any of Our rights under these Terms and Conditions of Sale means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms and Conditions of Sale means that We will waive any subsequent breach of the same or any other provision.
21.5 We may revise these Terms and Conditions of Sale from time to time in response to changes in relevant laws and other regulatory requirements. If We change these Terms of Sale at any time, We will give You at least 14 calendar days written notice of the changes before they come into effect. If you wish to cancel the Contract as a result, please refer to Clauses 6 or 7.
22. Intellectual Property
Unless otherwise stated, intellectual property rights related to all material derived from Our Courses or Website (including, but not limited, certificates of attendance, Course material, handouts and other material created by Us) are reserved shall remain vested in Us. You may view or use the intellectual property for your own personal use subject to any relevant restrictions set out herein but You must not republish, sell, rent, sub-licence, reproduce, duplicate or copy material provided to you during or after any Course for any other purpose. If You are in doubt, please Contact Us for clarification.
23. Governing Law
These Terms and Conditions of Sale and all matters connected with any Order You place on our Website or by email shall be governed by and construed in accordance with the laws of England and Wales and You irrevocably submit to the jurisdiction of the courts of England and Wales, Scotland or Northern Ireland, as determined by your residency. If you are a company, you shall be subject to exclusive jurisdiction of the courts of England and Wales.
To Worsley Training:
I/We [*] hereby give notice that I/we [*] cancel my/our [*] contract of sale for the provision of the following service [*],
Ordered on [*]/received on [*],
Name of consumer(s),
Address of consumer(s),
Signature of consumer(s) (only if this form is notified on paper),
Date[*] Delete as appropriate.