These terms and conditions (the "Terms") shall apply to your purchase of any Course from us. Please ensure that you read and accept these Terms prior to submitting an Order.
a) "Course" means the training course offered by us and purchased by you;
b) "Delegate" means the person who will be attending the Course;
c) "Fee" means the price payable for the Course and/or the Materials;
d) "Materials" means the documents which accompany or supplement a Course;
e) "Order" means your request to purchase a Course;
f) "Trade Marks" means all names, marks, symbols and logos from time to time owned by, registered by or licensed to us, including without limitation "iTrain Scotland";
g) "we/us/our" refers to ITrain Scotland, having its registered office at CBC House, 24 Canning Street, Edinburgh, EH3 8EG;
h) "Website" means http://www.itrainscotlnd.co.uk;
i) "you/your" refers to the Delegate and/or the person or organisation which has purchased the Course on behalf of the Delegate, as the case may be.
2. The Contract
2.1 By making an Order, you agree that you have read, understood and accepted these Terms.
2.2 When you submit an Order to us, this does not mean that we have accepted or will accept your Order. Our acceptance of your Order will only take place when we issue you with a written acceptance of the Order by confirming a place for you at the relevant Course, at which point a legally binding contract will come into existence between you and us. If, for any reason, we are unable to accept your Order, we will inform you of this and we will not process the Order.
3. Payment Terms
3.1 Orders must be accompanied by full payment of the Fee or your employer's authorisation to be invoiced for the Fee.
3.2 Where your employer has agreed to pay the Fee, full payment is due no later than 2 working days before the Course start date or within the due date specified on our invoice. Orders made within 2 working days of the Course start date shall require immediate payment.
3.3 If we do not receive the Fee in accordance with these Terms, we reserve the right to refuse you access to the Course.
3.4 In the event of late payment of the Fee, we reserve the right to charge interest on all outstanding sums at the rate of 5% above the Bank of England's base rate per annum accruing daily from the last date that payment was due until the date that payment is made.
3.5 You acknowledge and agree that you will not be entitled to make any claim or bring legal proceedings in respect of any refund, credit note, overpayment or other repayment, howsoever arising, 4 years after the date on which the relevant payment was made.
3.6 VAT shall be payable on all fees at the prevailing rate.
3.7 It is your responsibility to ensure that you and/or the Delegate(s) attend the Course booked. Subject to clause 6, you shall be liable to pay the Fee even if you do not attend the Course.
4. Courses and Ancillary Services
4.1 Subject to clauses 2.2 and 7.1, we shall provide the Course purchased by you at the agreed time and location. It is your responsibility to satisfy yourself of the Course's suitability for your needs.
4.2 You may purchase additional Materials relevant to your Course by submitting an Order. A contract will only be made upon our confirmation that we will deliver the Materials. Payment in full for the Materials must be made before we will deliver.
4.3 We reserve the right to sub-contract the delivery of the Course and/or the performance of any ancillary services without prior notice. Sub-contracting will not relieve us of our obligations under the Terms.
4.4 We reserve the right to amend, substitute, modify and/or improve the content, format or delivery of any Course (in whole or in part) from time to time. Reasons for this may include (without limitation) ongoing improvements or efficiencies which may be required by us. Such changes may be made without your prior consent.
4.5 We reserve the right to suspend any web-related services (including but not limited to the Website) without prior notice.
4.6 We do not guarantee that the Website is free of defects, viruses or other malware. It is your responsibility to use up to date anti-virus software and/or other appropriate measures to protect your security online.
4.7 You are responsible for the safe keeping of any user IDs and passwords ("Login Details"). You shall be liable for all Orders made using your Login Details. You should notify us immediately if your Login Details have been compromised.
5. Your Right to Cancel or Transfer
5.1 If you are a consumer, you have a statutory right to cancel any contract entered into under these Terms in accordance with the statutory Cancellation Policy.
5.2 In addition to any statutory right to cancel, and subject to clauses 5.3 to 5.7 below, you may cancel a Course or transfer to another Course (either a different Course or the same Course at a different time), subject to the following fees (calculated as a percentage of the Fee):
|Public scheduled and Private courses||11-20 working days before Course start date||0-10 working days before Course start date|
5.3 All Orders where discounts have been applied shall be subject to a minimum cancellation fee of 100% and a minimum transfer fee of 50% regardless of when the cancellation or transfer was notified.
5.4 In addition to the fees in clauses 5.2 and 5.3, we reserve the right to charge an administration fee of £35 for any cancellation or transfer.
5.5 Any request to transfer to another Course will be subject to our approval in our absolute and sole discretion.
5.6 Should you wish to transfer:
a) if the deferred or new Course is of equal or lesser value, no refund will be given;
b) if the deferred or new Course is of greater value, you will need to pay the balance.
5.7 Notice of Course cancellation, deferral or transfer should be sent in accordance with clause 9.2.
6. Termination or Cancellation by Us
6.1 We reserve the right to cancel, reschedule or change the location of your Course at any time. In these circumstances, you will be offered a refund of any amount you have already paid towards the Fee. We will not be liable for any expenses incurred by you unless the Course has been cancelled within 7 working days of the Course start date, when we will refund to you a maximum of £100 + VAT upon your production of original expense receipts.
6.2 We may terminate this contract with immediate effect and without liability to refund you if:
a) You are in breach of these Terms and such breach is incapable of remedy or you have failed to remedy such breach within 7 days of notification; or
b) In our reasonable opinion, you are abusing the Course, Materials and/or the Website or acting in any way which interferes with our intellectual property rights or damages our reputation.
6.3 In the event of termination or cancellation (other than under clause 5.1), you shall upon demand return all Materials which have not been paid for within 7 days.
7.1 We will not be liable to you for any claims, liabilities, losses, damages, costs, expenses, fines and/or penalties unless they are caused directly by our negligence and/or breach of these Terms.
7.2 Subject to clause 7.4 below, we shall not be liable to you for any (a) loss of profit, revenue, business, opportunity, goodwill, interest or savings, whether direct or indirect, howsoever arising, (b) for any consequential, economic, indirect or special loss howsoever arising.
7.3 Subject to clause 7.4 below, under no circumstances shall our liability to you (whether in contract, tort (including negligence), breach of statutory duty or otherwise) exceed the Fee.
7.4 Neither party shall exclude or limit their liability to the other for (a) death or personal injury caused by negligence, (b) fraud or fraudulent misrepresentation, or (c) any other liability which by law cannot be excluded or limited.
7.5 Neither party shall be liable for any failure or delay in performing their obligations under these Terms if such failure or delay was caused by any event outside that party's reasonable control.
8. Information Management
8.1 We will use any personal data (as defined by the Data Protection Act 1998) collected during the course of your dealings with Us in accordance with UK data protection legislation.
9. Contact Us
9.1 If you have any queries about your Course/Order or wish to make a complaint, please contact us by email at email@example.com or by post to iTrain Scotland, 24 Canning Street, Edinburgh, EH3 8EG.
9.2 Notices and other communications from you must be in writing and may be delivered by hand or sent by first class post or by email to the appropriate address in clause 9.1 above. Any notice or document shall be deemed served (a) if delivered by hand, at the time of delivery; (b) if posted, 2 working days after posting; or (c) if sent by email, at the time of acknowledgment by us.
9.3 All complaints must be notified to us within 10 working days of the end of the Course.
10. Acceptable Use
10.1 You agree to abide by all applicable laws, regulations, and codes of conduct and will ensure that your use of the Materials does not infringe upon the rights of others.
10.2 All content made available to you (including without limitation our Website) belongs to us or our licensors (and may be subject to separate terms). Any access to, retrieval and/or display of such content is solely for your personal and non-commercial use. We or our licensors own the copyright and all other intellectual property rights associated with such content, save where otherwise stated.
10.3 You acknowledge that we own the Trade Marks and that you may not use any of them without our prior written permission. You understand that other products, company names and logos mentioned or displayed in the Materials, Website or our other content may be the trade marks, service marks or trading names of third parties.
11. Code of Conduct
11.1 You shall comply with all reasonable instructions or directions given by us in respect of the Courses, Materials, and our premises and property.
11.2 You shall not do anything which adversely affects our rights and interests, including but not limited to:
a) copying, reproducing, modifying, redistributing or in any way commercially exploiting the Courses, Materials, Website or other content (other than as allowed under these Terms);
b) damaging, interfering with or disrupting access to our Website or electronic services or doing anything which may interrupt or impair their functionality;
c) making available, uploading, or distributing by any means any material or files that contain any viruses, bugs, corrupt data or any other harmful software;
d) falsifying the true ownership of the Courses, Materials, Website and other content;
e) obtaining or attempting to obtain unauthorised access, through whatever means, to the Courses, Website, our services, computer systems, or network, or those belonging to any of our partner organisations;
f) setting up links from any website controlled by you to our Website or our services or other content, without our express written permission.
12. Special Offers
12.1 From time to time, we may offer certain special offers and/or discounts on our Website. All offers and discounts are made at our discretion and can be withdrawn by us at any time, for any reason and without prior notice.
12.2 Offers and discounts only apply in the stated period to the stated products.
12.3 Offers and discounts cannot be applied retrospectively to Courses/Materials already ordered. You cannot cancel or defer a Course or transfer to another Course in order to take advantage of a special offer or discount.
12.4 Offers and discounts cannot be used in conjunction with any other offer or discount unless specifically stated otherwise.
13. Other Important Terms
13.1 These Terms shall be subject to the laws of Scotland and the parties submit to the exclusive jurisdiction of the courts of Scotland.
13.2 Each provision of these Terms is severable and distinct from the others. If a provision of these Terms is held to be or becomes illegal, invalid or unenforceable in any respect by a court or relevant authority of competent jurisdiction, it shall to that extent be deemed not to form part of these Terms but this shall not affect the legality, validity or enforceability of the remainder of these Terms which shall continue in full force and effect.
13.3 If either party does not exercise any right or remedy under these Terms, this will not be taken to mean that such right or remedy has been waived.
13.4 A person who is not a party to this contract shall have no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any of the Terms. For the avoidance of doubt, where a person or organisation has purchased the Course on behalf of a Delegate, such person /organisation shall be a party to this contract and shall be responsible for ensuring compliance by the Delegate(s) with these Terms.
13.5 You may not transfer your rights or obligations under these Terms to anyone else unless we have given permission in writing. For the avoidance of doubt, this includes substitution of Delegates.
13.6 The Courses and Materials provided by us do not constitute and cannot be relied upon for legal advice. You should consult a solicitor for legal advice. Neither we nor our employees, trainers or consultants accept responsibility for your actions or losses, or those of third parties with access to the Courses and/or Materials, as a result of reliance on the Courses and/or Materials as legal advice.