Terms and conditions

Terms and conditions

Terms and Conditions for the Supply of Training Courses – Unsubsidised – "T&Cs"

1.Interpretation

1.1The following definition and rules of interpretation apply to these T&Cs:-

1.1.1“Application Form” shall mean the on-line application form for a Candidate to apply to PTS to enrol on a Training Course;

1.1.2“Candidate” shall the person who applies to enrol on a Training Course by submitting the Application Form or by authorising a third party to submit on their behalf;

1.1.3“Contract” shall mean the contract between PTS and the Candidate for the supply of the Services incorporating these T&Cs;

1.1.4“Fees” shall mean the cost stipulated on the Application Form for the Training Course selected by the Candidate ,excluding any card handling or processing charge which shall be paid in addition to the Fee;

1.1.5 “Services” shall mean the services of PTS in delivering the Training Course to the Candidate pursuant to a Contract;

1.1.6 “Training Course” shall mean the training course and software run and supplied by PTS, selected by the Candidate on the Application Form and which is designated on the Application Form as falling into one of the following categories:-

1.1.6.1“Parenting Courses”

1.1.6.2“Courses”

1.1.6.3“Online Training Courses”

1.1.6.4“Online Training Courses USA”

1.1.6.5“Parenting Courses USA”

1.1.6.6“Courses USA”

1.1.6.7“Maths & English”;

1.1.6.8 "iObserve"

1.1.7“PTS” shall mean Prospect Training Services Gloucester Limited, company number: 4127004 whose registered office is at Brunel House George Street, Gloucester GL1 1BZ; and

1.1.8“Working Days” shall mean Monday to Friday excluding Bank and Public Holidays.

1.2A reference to any particular law is the reference to it as it is in force for the time being taking account of any amendment, extension, application or re-enactment and include any sub-ordinate legislation for the time being in force made under it.

1.3Words in the singular include the plural and vice versa and reference to one gender includes reference to the other gender.

1.4Headings in these T&Cs are for convenience only and will not affect the interpretation of these T&Cs.

2.Application of T&Cs

2.1The Candidate must indicate acceptance of these T&Cs by submitting the on-line Application Form to PTS.

2.2Subject to any variation under condition 2.3, the Services shall be provided on these T&Cs only.

2.3These T&Cs apply to all Services and any variation to them shall have no effect unless expressly agreed in writing and signed by PTS. The Candidate acknowledges that he/she has not relied on any statement, promise or representation made or given by or on behalf of PTS.

2.4Each Application Form submitted to PTS shall be deemed to be an offer by the Candidate to enrol for a Training Course and to receive the Services.

2.5No Application Form submitted by the Candidate shall be deemed to be accepted until an electronic acceptance is issued by PTS.

2.6The Candidate shall ensure that the information he/she has provided on the Application Form is complete and accurate.

3.Candidate’s commitment

3.1In relation to the Training Course, the Candidate agrees that he/she will:-

3.1.1attend and participate in 100% of all activities prescribed by PTS from time to time;

3.1.2use his/her best endeavours to learn all new information provided to him/her during delivery of the Services;

3.1.3respect and show consideration for all other persons receiving the Services and all staff delivering the Services;

3.1.4be physically fit to the extent necessary for participation in the Training Course; and

3.1.5submit his/her written assignments within the deadlines set by PTS from time to time.

3.2The Candidate agrees that PTS may film aspects of the Services from time to time for training purposes.

3.3The Candidate agrees to a Disclosure and Baring Service check being made against his/her name by or on behalf of PTS if required.

4.Delivery of the Services

4.1Those parts of the Training Course that require the Candidate to attend tutorials or other training sessions at a training centre will take place at such venue as PTS may stipulate from time to time.

4.2Any date specified by PTS for delivery of the Service is intended to be an estimate and time shall not be of the essence in any circumstance.

4.3PTS will deliver the Services exercising reasonable care and skill.

4.4PTS may deliver the Services in separate instalments.

5.Fees, Refunds and Right of Cancellation

5.1The appropriate Fee for the selected Training Course must be paid to PTS in full by the Candidate when the Application Form is submitted. PTS will reimburse the Candidate in full for the Fee paid if the Candidate’s application is rejected.

5.2At any time prior to the commencement of a Training Course, PTS shall have the right to cancel the Training Course by giving the Candidate as much written notice as is reasonable in all the circumstances. In the event of such cancellation, PTS will re-imburse the Candidate in full for the Fee paid.

5.3Right of cancellation:-

5.3.1Unless the exception below applies, the Candidate has the right to cancel the Contract within 14 days without giving any reason.

5.3.2The cancellation period will expire 14 days after the day on which PTS issued its acceptance.

5.3.3To exercise the right to cancel, the Candidate must inform PTS of the decision to cancel by a clear statement (e.g. a letter sent by post, fax or email). The Candidate may use the attached model cancellation form, but it is not obligatory.

5.3.4To meet the cancellation deadline, it is sufficient for the Candidate to send the communication of the right to cancel before the cancellation period has expired.

5.3.5If the Candidate cancels the Contract, PTS will reimburse the Candidate (or any third party who made payment on behalf of the Candidate) all payments received and the reimbursement will be made without undue delay and not later than 14 days after the day on which PTS is informed about the Candidate’s decision to cancel the Contract. Reimbursement will be made using the same means of payment as used for the initial transaction, unless the Candidate has expressly agreed otherwise. In any event, the Candidate will not incur any fees as a result of the reimbursement.

5.3.6Exception – the right of cancellation does not apply where the Service has been fully performed within the 14 day cancellation period and the performance of the Service began after a request by the Candidate accompanied by an acknowledgment that the Candidate would lose the right to cancel once the Contract had been fully performed.

5.3.7Where following the express request of the Candidate, the Service has commenced within the 14 day cancellation period, PTS shall be entitled to charge the Candidate for the supply of the Services for the period ending with the time when PTS is informed of the Candidate’s decision to cancel and calculated as a proportion of the total Fees payable under the Contract.

5.4In addition to the cancellation rights under condition 5.3 (and without in any way limiting the Candidate’s cancellation rights under condition 5.3), the Candidate shall have the right to cancel the Contract at any time prior to the commencement of the relevant Training Course by giving written notice to PTS. Provided the Candidate has paid the whole of the Fee at the time the cancellation notice is received by PTS, PTS will refund the following relevant percentage of the Fee (calculated from the day PTS received, or is deemed to have received, the notice):-

Training Course, Notice Period & Amount of Refunded Fee

Parenting Courses

60 days or more - 100%

59 to 30 days - 50%

29 days or less - Nil

Courses

14 days or more - 100%

13 to 7 days - 50%

6 days or less - Nil

Online Training Courses

14 days or more - 100%

13 to 7 days - 50%

6 days or less - Nil

Online Training Courses USA

14 days or more - 100%

13 to 7 days - 50%

6 days or less - Nil

Parenting Courses USA

14 days or more - 100%

13 to 7 days - 50%

6 days or less - Nil

Courses USA

14 days or more - 100%

13 to 7 days - 50%

6 days or less - Nil

Maths & English

14 days or more - 100%

13 to 7 days - 50%

6 days or less - Nil

iObserve

0-14 days from purchase – 100%

15 days or more from purchase - Nil

5.5 Unwanted goods must be returned in a fully resaleable condition and any tags and packaging must be intact. We reserve the right to refuse an exchange or refund if goods are not returned in a saleable condition or are damaged.

6.Termination

6.1PTS may (without limiting any other remedy) at any time terminate the Contract by giving written notice to the Candidate if the Candidate commits any breach of the Contract and (if capable of remedy) fails to remedy the breach within thirty (30) days after being required by written notice to do so. No refund of the Fee will be made by PTS to the Candidate in the event of such termination.

7.Liability of PTS

7.1All warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from the Contract.

7.2Nothing in the Contract excludes or limits the liability of PTS for:-

7.2.1death or personal injury caused by PTS’s negligence; or

7.2.2any matter which it would illegal for PTS to exclude or attempt to exclude its liability for; or

7.2.3fraud or fraudulent misrepresentation.

7.3Any liability of PTS for non-delivery of the Services (or any part thereof) shall be limited to replacement of the Services within a reasonable time.

7.4Subject to condition 7.2, PTS shall not be liable for any indirect or consequential loss, cost, damages, charges or expenses suffered or incurred by the Candidate because of any breach of the Contract by PTS.

8.Assignment and sub-contracting

8.1The Candidate shall not be entitled to assign the Contract or any part of it without the prior written consent of PTS.

9.Unforeseen Circumstances

9.1PTS reserves the right to defer the date of delivery of the Services if it is prevented from or delayed in carrying out any of its business due to circumstances beyond the reasonable control of PTS including, without limitation, acts of God, governmental actions, war or national emergency, acts of terrorism, protests, riots, civil commotion, fire, explosion, flood, epidemic, lock-out, strikes or any other labour disputes, or restraints or delays effecting carriers or inability or delay in obtaining supplies of adequate or suitable materials.

10.General Provisions

10.1All notices regarding the Contract shall be sent electronically to the parties’ respective addresses as set out in the Contract. Notices shall be deemed to have been received on the day of dispatch unless an immediate “delivery failure” notice is received by the sender.

10.2Each right or remedy under the Contract is without prejudice to any other right or remedy whether under the Contract or not.

10.3If any provision of the Contract is found by any court, tribunal, or administrative body of competent jurisdiction to be wholly or partly illegal, invalid, void, voidable, unenforceable or unreasonable it shall to the extent of such illegality, invalidity, voidness, voidability, unenforceability or unreasonableness be deemed severable and the remaining provisions of the Contract and the remainder of such provisions shall continue in full force and effect.

10.4Failure or delay by PTS in enforcing or partially enforcing any provision of the Contract shall not be construed as a waiver or any of its right under the Contract.

10.5Any waiver by PTS of any breach of, or any default under, any provision of the Contract by the Candidate shall not be deemed a waiver of any subsequent breach or default and shall in no way effect the other terms of the Contract.

10.6The parties under the Contract do not intend that any term of the Contract shall be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any party that is not a party to it.

10.7Formation, existence, construction, performance, validity and all aspects of the Contract shall be governed by the law of Wales and England and the parties submit to the exclusive jurisdiction of the courts of Wales and England.

Version 2

Dated: January 2016

Head office

Prospect Training Services, C4 Brunel Court, Waterwells Business Park, Gloucester, GL2 2AL

Tel: 01452 886888

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