Training Terms and Conditions

Terms & Conditions

1. Definitions

In these Conditions the following expressions shall have the following meanings:

• “Trainer” means Can Do Academy of The Lighthouse, Station Road, Maidstone ME14 1QJ
• “Client” means the person, company or other legal entity identified as providing a request to the Trainer to supply Services.
• “Parties” means the Trainer and the Client.
•  “Services” means the goods or services to be provided by the Trainer to the Client under the terms of the Agreement and “Services” shall be construed accordingly.
• “Confirmation Date” means the date when all the following apply:
  – A request to supply Services has been received from the Client by the Trainer
  – the Trainer has confirmed to the Client that the course or other Services requested are available and the price is correct.
  – Payment has been received, alternative payment method agreed or an Agreement signed.
• “Agreement” means the contract between the Trainer and the Client under which the Services are to be supplied by the Trainer to the Client.
• “Working Day” means every day of the week apart from Saturday, Sunday and statutory holidays.  “Month” means a calendar month.  “Week” means seven consecutive days.
• “Intellectual Property” includes all training materials, course manuals, inventions, patent applications, granted patents, registered and unregistered designs, copyright works, trademarks and confidential information.

    2. Scope

Unless otherwise agreed by the Trainer in writing prior to agreement by the Client to these Terms and Conditions the Client agrees that the provisions of these Terms and Conditions shall constitute all of the provisions relating to the Services to be provided to the Client by the Trainer. No other terms and conditions shall be accepted.

3. Prices

The price payable for the Services shall be the price stated in the Agreement between the Parties

The price does not include travel, accommodation, meals or other related expenses unless explicitly stated.

4. Terms of Payment

Unless otherwise agreed, where the Services relate to the provision of a training course, 50% of the price agreed is payable on the signing of the Agreement and the balance 50% is payable no later than 48 hours before the course date or before the course start date if the course is to be delivered over multiple days.

The Trainer is entitled to charge interest at 2% per Month or part thereof on overdue payments.

5. Training Courses
   Unless otherwise indicated, all courses are delivered solely in English, and all delegates must be sufficiently proficient in English language before attending a course.

The Trainer will perform the Services with reasonable skill and care. Any other conditions or warranties whether express or implied as to the quality of the Services are hereby expressly excluded.

For courses not exclusive to one Client, The Trainer reserves the right to refuse admission to the training premises of any person whom they consider in their absolute discretion to be unsuitable for admission onto the training premises or to remove any such person after the commencement of a course.

6. Cancellation, Transfers and Substitutions with respect to Training Courses

The Trainer reserves the right to cancel or arrange an alternative date for a course.  In such circumstances, The Trainer will endeavour to provide notice of cancellation or change to the Client. In the event of cancellation, or if an alternative date cannot be agreed the Client will be entitled to a full refund of the course fee, but the Trainer shall not be liable for any other loss or expense arising.

The Client may cancel the course booking or request an alternative date by notifying the Trainer in writing by as soon as reasonably practicable.  In the event of a cancellation by the Client or if they request an alternative date and one cannot be agreed a cancellation fee shall apply as follows:

In the event that the delegate is unable to attend the course booked the Trainer will endeavour to transfer the delegate to an alternative course.  An administration fee of £50 plus any difference in the course price shall be applicable.

For in-house training, the Trainer will endeavour to accommodate requests by the Client to substitute one delegate for another but is under no obligation to do so.  Such requests are subject to the replacement delegate meeting the pre-requisites for the training.  In the event of a substitution, the Client shall pay any unavoidable costs relating to the change.

For public training, the Trainer will not accommodate requests by the Client to substitute one delegate for another.

7. Credit Rating
   The Trainer reserves the right to assess the financial status of any organisation or individual making a booking or in the process of making a booking and also reserves the right to require payment prior to confirming a booking.
8. Liability

The Trainer’s total liability for any loss or damage shall not exceed the price payable for the Services, except in cases of direct physical damage to the Client’s property, personal injury or death.

The Trainer shall not be liable howsoever caused for indirect or consequential loss including but not limited to: loss of profits; loss of revenue; loss of goodwill; loss of data; failure to achieve savings.

9.  Force Majeure

The Trainer shall not be in breach of the Agreement if there is any total or partial failure of performance by it of its duties and obligations under the Agreement due to any act of God, fire, act of government or state, war, civil commotion, insurrection, embargo, prevention from or hindrance from obtaining any raw materials or energy, sickness or other cause beyond its reasonable control.

If the Trainer is unable to perform its duties and obligations under the Agreement as a direct result of one or more such causes the Trainer shall give written notice to the Client of such inability stating the cause in question and clause 6 of these terms shall apply.

10. Data Protection and Confidentiality

The privacy and data protection policy of the Trainer which can be accessed here https://candoacademy.net/privacy-policy/ should be read in conjunction with these terms and conditions of the Agreement.

Where Services are certified training courses, the Client consents to allow the Trainer full access to examination results arising from their bookings.  This information will be used in accordance with the requirements of relevant data protection legislation.  The data will only be used to evaluate the effectiveness of training and to assist the Trainer in providing advice to the Client.

On setting up your account, the Trainer will store your data on its database. The Trainer may use your details to contact you about your booking, or with details of other events that you may be interested in.

You will only receive contact from the Trainer, its partners or other suppliers that we work with.

The Trainer will not pass on your details to other parties.

The Trainer is responsible for the processing of your personal information in accordance with the Data Protection Act 1998

All Intellectual Property associated with training courses or other Services shall remain vested in the Trainer.

11. General

The Contract shall only become effective at the Confirmation Date.

Any typographical clerical or other error or omission in any sales literature, administrative documentation, course materials, invoice or other document or information issued by the Trainer shall be subject to correction without any liability on the part of the Trainer.

No variation to these Terms and Conditions shall be effective unless made in writing and signed by an authorised representative of the Trainer.

12. Applicable Law

Any disputes arising out of or in connection with the Agreement will be governed and construed in accordance with the laws of England & Wales.

The Parties to the Agreement hereby irrevocably agree that the Courts of England & Wales have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with the Agreement.

If any provision of the Agreement (or any part of any provision) is found by a court or other authority of competent jurisdiction to be illegal, invalid or unenforceable, that provision or part-provision shall, to the extent required, be deemed not to form part of the Agreement, and the validity and enforceability of the other provisions of the Agreement shall not be affected.

12. Company Information

“Can Do Academy” is a trading name for Can Do Ventures Limited; Company No: 06841440

Registered Company Address: The Lighthouse, Station Road, Maidstone ME14 1QJ