Terms and Conditions of Pure Training and DevelopmentVersion 1.0 (2015)
These terms and conditions regulate the business relationship between you and us. By participating in Training offered by Pure Training and Development, you agree to be bound by them.
No person under the age of 16 years may purchase Training. Persons under the age of 18 require parental/guardian consent to Training (provided on application form).
We are: Pure Training and Development
Our address is: 1 Charles James Court, Fishergate, Norwich, NR3 1PR
You are: a learner to our Training
The Terms and Conditions
In this agreement:
“Course Materials” means any documents provided as part of the course/training. Including manuals, journals, reading and web pages.
“Direct Learning” means courses, workshops, seminars or other training which is delivered face to face by a tutor.
“Blended Learning” means courses, workshops, seminars or other training is delivered via face to face teaching as well as distance/online learning.
“Distance/Online Learning” means training is delivered via online and home reading methods.
“Content” means any content in any form published as course materials or on our website by us or any third party with our consent.
“You” means any person that applies and is accepted on to training offered.
“Training” means any type of training offered by Pure Training and Development, including courses, workshops, seminars, online learning and CPD activities’
2.1 A reference to a person is a reference to one or more individuals, whether or not formally in partnership, or to a corporation, government body, or other association or organisation.
2.2 These terms and conditions apply to all supplies of Training by us to any customer. They prevail over any terms proposed by you.
2.3 Any agreement by any party not to do or omit to do something includes an obligation not to allow some other person to do or omit to do that same thing;
2.4 Except where stated otherwise, any obligation of any person arising from this agreement may be performed by any other person;
2.5 In this agreement references to a party include references to a person to whom those rights and obligations are transferred or passed as a result of a merger, division, reconstruction or other re-organisation involving that party.
2.6 The headings to the paragraphs and schedules (if any) to this agreement do not affect the interpretation;
2.7 All money sums mentioned in this agreement include VAT, where and if applicable.
2.8 A reference to an act or regulation includes new law of substantially the same intent as the act or regulation referred to.
2.9 In any indemnity, a reference to costs or expenses shall be construed as including the estimated cost of management time of the indemnified party.
2.10 These terms and conditions apply in any event to you as a buyer or prospective buyer of our Training.
2.11 This agreement is made only in the English language. If there is any conflict in meaning between the English language version of this agreement and any version or translation of this agreement in any other language, the English language version shall prevail.
3. Our contract with you
3.1 This agreement contains the entire agreement between the parties and supersedes all previous agreements and understandings between the parties.
3.2 Each party acknowledges that, in entering into this agreement, he does not rely on any representation, warranty, information or document or other term not forming part of this agreement.
3.3 We do not guarantee that Training advertised on our website is available.
3.4 We may change these terms from time to time. The terms that apply to you are those posted here alongside your application form on the day you order Training. We advise you to print a copy for your records.
4. Acceptance of these Terms
4.1 Nothing said or done by us is an acceptance onto the Training until we confirm acceptance in writing, referring to the specified Training applied for.
4.2 We shall accept your application by email or post. Once you have been accepted, that is when our contract is made. Our message will also confirm details of your Training.
4.3 If the Training you have applied for becomes unavailable, we will offer you alternatives. If this happens you may:
4.3.1 accept the alternatives we offer;
4.3.2 cancel all or part of your order;
4.4 All training must be fully completed including certification within 1 year from acceptance confirmation.
4.5 By agreeing to be supplied by our Training, you agree to be legally bound by these Terms and Conditions.
4.6 Pure Training and Development reserves the right to change these Terms and Conditions and it is your responsibility to regularly review these Terms and Conditions.
5. Price and Payment
5.1 The price of each course, workshop or other Training shall be published within the downloadable overviews on the website and via the prospectus and will be current at the date of purchase (subject to any discounts stated in the prices).
5.2 The price of Training is subject to change at any time at the sole discretion of Pure Training and Development prior to the date of purchase.
5.3 It is possible that the price may have increased from that posted on our Website. If that happens, we will not send your order until you have confirmed that you wish to buy at the new price.
5.4 If the price of a course changes following enrollment onto the course, the price will remain fixed at the price stated at the time of enrollment.
5.5 Prices stated include VAT where applicable.
5.6 If your application is successful, you will receive an invoice for the Course/Training payment with details, instructions and terms of payment.
5.7 A non-refundable deposit of 25% of total course fee is required within 7 days of acceptance to secure your place.
5.8 Full payment for the Training shall be made no later than 2 weeks prior to commencement of the programme unless an individual payment plan has been agreed, for which there will be a written agreement.
5.9 Distance/Online Learning requires full payment to be received prior to receiving access to Learning Materials.
5.10 If payment is not received within the time frames stated then the place on the course will be cancelled.
5.11 Payment for all Training will be made in pounds sterling via Our Website using PayPal or by arranging BACS or cheque payments. Payments made through Our Website are made in acceptance of the Online Booking Terms and Conditions which can be found here.
5.12 Coursework and practical deadlines must be adhered to and any work submitted after these deadlines will be subject to an additional £15 admin fee per submission. You have up to 3 weeks post deadline for your work to be submitted and considered for re-marking.
6. Acceptance & Cancellation
6.1 We are not obligated to accept you onto such Training if you do not meet the required pre-requisite criteria.
6.2 No obligation to accept your application is made until you receive written confirmation of your acceptance.
6.3 No term in this agreement shall take effect to reduce or remove any right you have under any law on account of your status as a consumer.
6.4 You have the right to cancel the Training you have been accepted on. This cancellation must be received in writing via post or email. This applies to Direct Learning, Blended Learning and Distance Online Learning.
6.5 If you have applied for Training in the format of Distance/online learning, the following time frames apply to the cancellation fees:
6.5.1 Cancellations must be received within 7 working days of being accepted onto the Training in order to receive a full refund.
6.5.2 Cancellations received between 7 – 14 working days from being accepted onto the Training will incur a fee of 50%.
6.5.3 Cancellations received after 14 working days from being accepted onto the Training will incur a fee of 100%.
6.6 If you have applied for Training in the format of Direct Learning, the following time frames apply to the cancellation fees:
6.6.1 Cancellations before 8 weeks of Training commencing in order to receive full refund.
6.6.2 Cancellations between 6-8 weeks prior to course commencement will incur a cancellation fee of 25% of total Training fee.
6.6.3 Cancellations between 4-6 weeks prior to course commencement will incur a cancellation fee of 50% of total Training fee.
6.6.4 Cancellations within the 4 weeks leading to course commencement will incur a cancellation fee of 100% of total Training fee.
6.7 If you have applied for Training in the format of Blended Learning the previous time frames in Section 6.6 apply to the face to face delivery component. The online learning automatically allows learners access for 12 months.
6.8 The contract cannot be cancelled from the first day of attendance or first log in to Distance/Online Learning.
6.9 There is no charge to changing to a different face to face delivery course in the event that you are unable to attend your Training as long as you provide 4 weeks or more notice. Otherwise, changing venues will incur a £25 fee. This course change can be redeemed within 12 months from cancellation.
6.10 In the event that you cancel your Training but have received the course materials then it is your responsibility to return these resources at your own expense. It is expected that the course materials are in good condition. If they are used, worn or damaged then you will incur a fee of £10. If the course materials are not returned to us within 21 days of cancellation then you will incur fees according to the cost of the materials at that point in time.
6.11 In the event that Pure Training and Development cancels Training due to low numbers, staff illness or venue issues then you will be offered a choice of alternative dates. If this is not suitable then we will refund the full cost of the Training.
6.12 If 4 or more weeks’ notice is not provided then transfer on to a different Training date may not be possible and you will be incur charges as stated in section 6.6.
6.13 We will refund your money within 14 days of acknowledging the cancellation request in writing.
7.1 If you fail to attend an assessment, we are not required to offer you a refund or an alternative date.
7.2 If you are unable to attend the assessment then you are required to inform the office 7 days prior to the assessment date.
7.3 If you do not provide 7 days or more notice you will be charged £40 in order to re book.
7.4 If you fail a theory or practical exam you will be charged an additional £40 per assessment.
7.5 Some assessments require you bringing a participant along.
8.1 Conditions, warranties or other terms implied by the law of any county other than England and Wales are excluded from this agreement to the fullest extent permitted by law.
8.2 We or our Content suppliers may make improvements or changes to the Content or website, or to any of the Training, at any time and without advance notice.
8.3 You are advised that Content may include technical inaccuracies or typographical errors. We would be grateful if you bring to our immediate attention, any that you find.
8.4 We are not liable in any circumstances for special, indirect or consequential loss or any damages whatsoever resulting from loss of use, loss of data or loss of revenues or profits, whether in an action of contract, negligence or otherwise, arising out of or in connection with your use of Our Website or the purchase of Goods.
8.5 Except in the case of liability for personal injury or death, our liability under this contract is limited, to the maximum extent permitted by law, to the value of the goods or services you have purchased.
9. Your account with us
9.1 You agree that you have provided, and will continue to provide accurate, up to date, and complete information about yourself. We need this information to provide you with the Training and certificates.
9.2 If you use the CYQ website, you are responsible for maintaining the confidentiality of your account and password and for preventing any unauthorised person from using your computer.
9.3 If you are using CYQ online learning resources then you are bound by CYQ’s Terms and Conditions.
10.1 You agree to indemnify us against any claim or demand, including reasonable lawyers’ fees, made by any third party due to or arising in any way from you breaching the provisions stated in these terms and conditions.
11. Intellectual Property
11.1 We will defend the intellectual property rights in connection with our Training and our website, including copyright in the Content whether provided by us or by any other Content provider (including copyright in:text, graphics, logos, icons, images, audio clips, digital downloads, data, and software).
11.2 Except as set out below, you may not copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part.
11.3 You may not use our name or logos or any other Content on any website of yours or that of any other person.
11.4 Subject to the other terms of this agreement, you may download or copy Content only for your own personal and educational use, provided that you maintain all copyright and other notices contained in it.
11.5 Pure Training and Development will retain copyright on all authored material, unless otherwise stated.
11.6 The trademarks and company logos on the website are displayed to highlight the partnership between Pure Training and Development and such organisations.
12. System Security
12.1 We will do our best to maintain Our Website so that you have constant use, but there will be times when your use may be interrupted.
12.2 You agree that you will not, and will not allow any other person to violate or attempt to violate any aspect of the security of Our Website.
12.3 You may not use any software tool for the purpose of extracting data from our website. You understand that any such violation is unlawful in many jurisdictions and that any contravention of law may result in criminal prosecution.
13.Warranties & Service Exclusions
13.1 We, Pure Training and Development, reserve the right to make alterations to, or cancel, the Training or location prior to the commencement of the Training
13.2 The Training will be delivered by a qualified and experienced team of staff.
13.3 The Training materials and website information is designed for information purposes and does not form any legal, financial or professional advice.
13.4 The Training provided through Pure Training and Development does not provide any warranty to the career/job prospects available to the learner.
13.5 Pure Training and Development accept no responsibility or liability for any loss which may arise from reliance on information contained in the Training and on the website. Pure Training and Development provide no guarantee that the Training and Course Materials will be fit for purpose
14.1 We do not exclude liability for death or personal injury which occurs as a result of negligence from Pure Training and Development and the associated subcontractors.
15.1 We have the right at any time to terminate your registration on the Training applied for if you breach any of these Terms and Conditions. This termination will be in the form of written notice and can include email format
16. Miscellaneous matters
16.1 No amendment or variation to this agreement is valid unless in writing, signed by each of the parties or his authorised representative.
16.2 So far as any time, date or period is mentioned in this agreement, time shall be of the essence.
16.3 When we communicate with you we do so by email. You agree that email communications are contractually binding in the same way as properly signed and dated paper sent by post.
16.4 Where we provide Training or services without specific charge to you, then it (or they) is deemed to be provided free of charge, and not to be associated with any other goods or service for which a charge is made. Accordingly, there is no contractual nor other obligation upon us in respect of those goods or that service.
16.5 If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
16.6 The rights and obligations of the parties set out in this agreement shall pass to any permitted successor in title.
16.7 No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future.
16.8 Any communication to be served on either of the Parties by the other shall be delivered by hand or sent by first class post or recorded delivery or by e-mail. It shall be deemed to have been delivered:
If delivered by hand: on the day of delivery;
If sent by post to the correct address: within 72 hours of posting;
If sent by e-mail to the address from which the receiving party has last sent e-mail: within 24 hours if no notice of non-receipt has been received by the sender
16.9 Communications should be sent to:
firstname.lastname@example.org or posted to 1Charles James Court, Fishergate, Norwich, NR3 1PR.
16.10 In the event of a dispute between the parties to this agreement, then they undertake to attempt to settle the dispute by engaging in good faith with the other in a process of mediation before commencing arbitration or litigation.
16.11 This agreement does not give any right to any third party under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
16.12 Neither party shall be liable for any failure or delay in performance of this agreement which is caused by circumstances beyond its reasonable control.
16.13 In the event of any conflict between any term of this agreement and the provisions of the articles of a limited company or any comparable document intended to regulate any other corporate or collective body, then the terms of this agreement shall prevail.
16.14 The validity, construction and performance of this agreement shall be governed by the laws of England and Wales.
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