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Our Terms

  1. These terms
  2. Information about us and how to contact us
  3. Our contract with you
  4. Our courses
  5. Our rights to make changes or cancel a course
  6. Your rights to end the contract
  7. If there is a problem with the course
  8. Your rights in respect of defective services if you are a consumer
  9. Price and payment
  10. Our responsibility for loss or damage suffered by you if you are a consumer
  11. Our responsibility for loss or damage suffered by you if you are a business
  12. How we may use your personal information
  13. Other important terms

 

1. These terms

1.1 What these terms cover. These are the terms and conditions on which we supply services to you.

1.2 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.

1.3 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.

1.4 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.

 

2. Information about us and how to contact us

2.1 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.

2.2 How to contact us. You can contact us by telephoning our customer service team at 01302 363 136 or by emailing to us at info@train2train.org or by writing to us at Office 22-23, The Rear Walled Garden, The Nostell Estate, Nostell, Wakefield, West Yorkshire, WF4 1AB.

2.3 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.

2.4 "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.

 

3. Our contract with you

3.1 How we will accept your order. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.

3.2 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.

 

4. Our courses

4.1 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.

4.2 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.

4.3 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.

4.4 Each delegate on the course will remain solely responsible for their own property and such property is entirely at their own risk.

 

5. Our rights to make changes or cancel a course

5.1 We may occasionally have to change the timing and content of the course and reserve the right to modify the course information and tutor.

5.2 We reserve the right to cancel the course. This may be because of undersubscription, 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.

5.3 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.

5.4 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.

 

6. Your rights to end the contract

6.1 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:

(a) 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;

(b) if you want to end the contract because of something we have done or have told you we are going to do, see clause 6.2;

(c) if you are a consumer and have just changed your mind about the course, see clause 6.3. You may be able to get a refund if you are within the cooling-off period; and

(d) 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 6.5.

6.2 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:

(a) 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;

(b) there is a risk that supply of the course may be significantly delayed because of events outside our control; or

(c) you have a legal right to end the contract because of something we have done wrong.

6.3 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.

6.4 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.

6.5 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:

(a) more than 21 days before the course is due to commence, we will charge you 50 per cent of the course fee; and

(b) 21 days or less before the course is due to commence, no refund will be payable by us.

6.6 How we will refund you.  If you are entitled to a refund under these terms we will refund you the price you paid for the course, by the method you used for payment.

6.7 When your refund will be made. We will make any refunds due to you as soon as possible.  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.

 

7. If there is a problem with the course

7.1 If you have any questions or complaints about the course, please contact us.

 

8. Your rights in respect of defective services if you are a consumer

8.1 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 2015 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.

 

9. Price and payment

9.1 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.

9.2 What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the course 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.

9.3 When you must pay and how you must pay. We accept payment by credit card, debit card, cheque and bank transfer. You must pay for the course at the time of booking unless you are an account customer where separate payment terms apply.

9.4 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).

 

10. Our responsibility for loss or damage suffered by you if you are a consumer

10.1 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.

10.2 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.

10.3 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.

10.4 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.

 

11. Our responsibility for loss or damage suffered by you if you are a business

11.1 Nothing in these terms shall limit or exclude our liability for:

(a) death or personal injury caused by our negligence; or

(b) fraud or fraudulent misrepresentation; or

(c) any matter in respect of which it would be unlawful for us to exclude or restrict liability.

11.2 All terms implied by sections 3 to 5 of the Supply of Goods and Services Act 1982 are excluded.

11.3 Subject to clause 11.1:

(a) 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

(b) 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.

 

12. How we may use your personal information

12.1 How we will use your personal information. We will use the personal information you provide to us:

(a) to provide a service to you that complies with requirements from regulatory organisations and awarding organisations;

(b) to pass on any necessary information to a regulatory organisation and/or awarding organisation; and

(c) if you agreed to this during the order process, to give you information about similar products and services that we provide and information about us, but you may stop receiving this at any time by contacting us.

12.2 We will only give your personal information to third parties where the law either requires or allows us to do so.

 

13. Other important terms

13.1 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.

13.2 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.

13.3 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.

13.4 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.

13.5 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.

13.6 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.

13.7 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.

 

Model Cancellation Form

(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),

Date

[*] Delete as appropriate