GB MOT Training Ltd. Terms and conditions
These are the terms applicable to all training courses provided by GB MOT Training Ltd.
1The definitions and rules of interpretation in this condition apply in these terms and conditions (Conditions). DEFINITIONS Client: – The person, firm or company who books a Training Course or place on a Training Course for its Delegate or Delegates, as identified in the Booking Form or the Proposal. Client Equipment: – Any equipment, vehicles, systems, cabling, facilities, documents, information or materials provided by the Client to GB MOT Training Ltd., to be used directly or indirectly in the supply or delivery of the Training Course. Booking:- The client completes an order via the GGB MOT Training website, or other means, to reserve a place or places on a GB NOT Training course. Contract: The Client’s completed Booking Form or purchase order and the acceptance of it by GB MOT Training Ltd., or the Client’s acceptance of a quotation for a Training Course by GB MOT Training Ltd. under condition 2.2. Course Fee: The fee for the Training Course as set out on the Website of GB MOT Training Ltd.. Course Material: All Documents, information, data, software and materials provided to the Client or the delegates by GB MOT Training Ltd. in relation to the Training Course. Course Description: The description of a course given on the GB MOT Training website. Delegate: – A person nominated by the Client to attend the Training Course as set out in the Booking Form or Training Agreement. Document: Includes, without limitation, in addition to any document in writing, any drawing, map, plan, diagram, design, picture or other image, tape, disk or other device or record embodying information in any form. Training Course: – The Training Course to be provided to the Client by GB MOT Training Ltd. GB MOT Training: – GB MOT Training Ltd., 5-7 New Road, Radcliffe, Manchester, M26 1LS Trainer: – The authorised trainer appointed by GB MOT Training Ltd. and engaged in the provision of the Training Course. Training Location: – The place at which the Training Services are to be provided by GB MOT Training Ltd. Intellectual Property Rights: All patents, rights to inventions, utility models, copyright and related rights, trademarks, service marks, trade, business and domain names, rights in trade dress or get-up, rights in goodwill or to sue for passing off, unfair competition rights, rights in designs, rights in computer software, database right, topography rights, moral rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications for and renewals or extensions of such rights, and all similar or equivalent rights or forms of protection in any part of the world. VAT: – Value Added Tax chargeable under English law for the time being and any similar additional tax. 2 APPLICATION OF CONDITIONS 2.1 These Conditions shall apply to and be incorporated into the Contract and shall prevail over any inconsistent terms or conditions contained, or referred to, in the Client’s purchase order, confirmation of order, acceptance of a quotation, or specification or other Document supplied by the Client, or implied by law, trade custom, practice or course of dealing. 2.2 The Client’s Booking Form, purchase order, or the Client’s acceptance of a quotation for a Training Course by GB MOT Training Ltd., constitutes an offer by the Client to purchase a Training Course or a place or places for its Delegates on the Training Course on that Booking Form or purchase order. 2.3 Quotations are given by GB MOT Training Ltd. on the basis that no Contract shall come into existence except in accordance with condition 2.2. Any quotation is valid for a period of 30 days from its date, provided that GB MOT Training Ltd. has not previously withdrawn it. 2.4 Any course fees published in public by GB MOT Training Ltd. are subject to change by GB MOT Training Ltd. without prior notification. 3 PERFORMANCE OF THE TRAINING COURSE 3.1 Subject to the provisions of this condition 3, GB MOT Training Ltd. shall provide the Training Course to the Delegates on such date(s) and at such location(s) as shown in the booking acknowledgement. 3.2 GB MOT Training Ltd. shall use reasonable endeavours to: 3.2.1 provide the Training Course in accordance with the booking acknowledgement; 3.2.2 accommodate any special requirements of a Delegate communicated to GB MOT Training Ltd. under condition section 5.1.1 3.2.3 observe all health and safety rules and regulations, and any other reasonable security requirements that apply at 3.3 GB MOT Training Ltd. reserves the right to cancel the date for the Training Course and in this situation every effort will be made to reschedule the Training Course or to refund the Course Fees in full. 4 COURSE CONTENT 4.1 The Trainer will endeavour to cover all the topics outlined in the course description, but GB MOT Training Ltd. accepts no liability for failure to cover all or any part thereof and reserves the right to vary the course contents at any time without reference or notification to the Client. 4.2 Neither the statement of objectives nor any other matter contained in the course information in the booking acknowledgement shall constitute a representation, condition or warranty by GB MOT Training Ltd. that the Delegates will achieve the objectives stated or otherwise achieve any particular level of knowledge or competence. 4.3 The Client acknowledges that opinions expressed by the Trainer on the Training Course are those of the individual trainer and not necessarily those of GB MOT Training Ltd.. 5 CLIENT’S OBLIGATIONS 5.1 Delegate Experience & Behaviour 5.1.1 Inexperienced, under qualified, over experienced and over qualified delegates may attend courses but the client must realise that the benefits gained may be limited and that trainers cannot normally change course content and depth to suit these delegates, unless by prior arrangement. 5.1.2 GB MOT Training Ltd. reserves the right to exclude delegates from the course (without refund of fees) at any time if they cause significant interruptions or delays for the above or any other reasons, or if their qualifications and current experience are impacting on our ability to deliver the course as originally intended. 5.1.3 If a delegate fails to attend the first or any subsequent day of a course, or is unreasonably late in arriving, GB MOT Training Ltd. reserves the right to deny the delegate entry to the classroom for the remainder of the course. If GB MOT Training Ltd. exercises this right, the booking will be deemed cancelled and the client will be liable for the full course fee. Any pre-paid course fee will not be refunded.
5.2 Delegates are expected to behave professionally at all times during the course. Drunk and disorderly behaviour will not be tolerated. GB MOT Training Ltd. reserves the remove a delegate (without refund of fees), should that delegates misbehave, cause interruption or should their experience and qualifications be such that we cannot continue to deliver the course as originally intended in terms of content and depth.
5.3 The Client shall:
5.3.1 ensure that GB MOT Training Ltd. is notified in advance of any special requirements relating to the Delegates;
5.3.2 ensure that its Delegates have adequate competence, knowledge and skill to interpret and benefit from the Training Course;
5.3.3 ensure that its delegates take any necessary equipment to any course provided by GB MOT Training, notwithstanding that GB MOT Training will inform of any necessary equipment other than normal writing materials.
5.3.4 co-operate with GB MOT Training Ltd. and the Trainer in all matters relating to the Training Course;
5.3.5 provide GB MOT Training Ltd., the trainer and GB MOT Training Ltd‘s agents, subcontractors, and employees, in a timely manner and at no charge, with access to the Client’s data and other facilities as reasonably required;
5.3.6 provide to GB MOT Training Ltd. and the Trainer, in a timely manner, such Client facilities and other information as GB MOT Training Ltd. may reasonably require and ensure that it is accurate in all material respects;
5.4 If GB MOT Training Ltd‘s performance of its obligations under the Contract is prevented or delayed by any act or omission of the Client, its agents, subcontractors, consultants or employees, GB MOT Training Ltd. shall not be liable for any costs, charges or losses sustained or incurred by the Client arising directly or indirectly from such prevention or delay.
5.5 The Client shall be liable to pay to GB MOT Training Ltd., on demand, all reasonable costs, charges or losses sustained or incurred by GB MOT Training Ltd. (including, without limitation, any direct, indirect or consequential losses, loss of profit and loss of reputation, loss or damage to property and those arising from injury to or death of any person and loss of opportunity to deploy resources elsewhere) arising directly or indirectly from the Client’s fraud, negligence, failure to perform or delay in the performance of any of its obligations under the Contract, subject to GB MOT Training Ltd. confirming such costs, charges and losses to the Client in writing.
5.6 The client will be responsible for any damage caused by delegates to property or equipment of GB MOT Training Ltd. or its agents to the value of resulting losses. GB MOT Training Ltd. will not take any responsibility whatever for theft or losses to clients belongings or to any damage or loss resulting from attending GB MOT Training Ltd. courses.
6 NON -SOLICITATION
6.1 The Client shall not, at any time from the date of the Booking to the expiry of two years after the last date of supply of the Training Course, solicit or entice away from GB MOT Training Ltd. or employ (or attempt to employ) or procure the services of the GB MOT Training Ltd. Trainer or any other person who is, or has been, engaged as an employee, consultant or subcontractor of GB MOT Training Ltd. directly or indirectly in the provision of the Training Course.
7 CHARGES AND PAYMENT
7.1 In consideration of the provision of the Training Course by GB MOT Training Ltd., the Client shall pay the Course Fee or Fee per as set out on the GB MOT Training Website.
7.2 The Course Fee excludes VAT, which GB MOT Training Ltd. shall add to its total charges at the appropriate rate.
7.3 The Client shall be responsible for all travel arrangements, accommodation requirements and other costs incurred by its Delegates relating to attendance at the Training and GB MOT Training Ltd. shall have no responsibility for any such costs resulting from scheduling changes or cancellations to the Training Course by GB MOT Training Ltd.
7.4 The Client shall pay each invoice submitted to it by GB MOT Training Ltd., in full and in cleared funds, at least twenty eight day prior to the commencement of the course, or on receipt of the invoice if the booking is made within 28 days of the commencement of the Course or at the time of booking if booked through the GB MOT Training website.
7.5 Without prejudice to any other right or remedy that it may have, if the Client fails to pay GB MOT Training Ltd. on the due date the booking will be cancelled:
8 CLIENT’S SUBSTITUTIONS AND CANCELLA TIONS
8.1 Where notification is received from the client in writing more than twenty eight days prior to the commencement of the course of the cancellation of the booking, the full fee will be refunded or the booking may be transferred to another course.
8.2 Where cancellation in writing is received less than twenty eight days prior to the commencement date of the course, fees cannot be refunded or transferred.
8.3 Where a delegate fails to arrive at a GB MOT Training course, the fees cannot be refunded or transferred.
8.4 Delegates may be substituted at any time at the cost.
8.5 Should a client form the opinion that the course does not conform to the course description, then they must furnish evidence of such to GB MOT Training and this will be considered by the Directors. A refund can only be given where GB MOT training is satisfied that the course did not conform to the course description.
9 INTELLECTUAL PROPERTY RIGHTS
9.1 All Intellectual Property Rights and all other rights in the Course Material provided to the Client or the Delegates by GB MOT Training Ltd. or the Trainer shall be owned by GB MOT Training Ltd.
9.2 GB MOT Training Ltd. grants the Client and its Delegates a non-exclusive, non-transferable licence to use the Course Material to such extent as is necessary to enable the Client and the Delegates to receive and to make reasonable use of the Training Course.
9.3 The Client shall not and the Delegates shall not:
9.3 1 reproduce, copy or translate in whole or in part the Course Materials without the prior written consent of GB MOT Training Ltd.; or
9.3.2 delete, amend, alter or deface any confidentiality or proprietary notices on the Course Materials.
10 WARRANTIES AND LIABILITY
10.1 GB MOT Training Ltd. will use reasonable endeavours to ensure that the Training Course is provided with reasonable skill and care and in accordance with practices consistent with the professional standards in the industry.
10.2 All warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from the Contract.
10.3 Nothing in these Conditions limits or excludes the liability of GB MOT Training Ltd.:
10.3.1 for death or personal injury resulting from negligence; or
10.3.2 for any damage or liability incurred by the Client as a result of fraud or fraudulent misrepresentation by GB MOT Training Ltd..
10.4 Subject to condition 10.2 and condition 10.3:
10.4.1 GB MOT Training Ltd. shall not be liable for loss of profits; or loss of business; or depletion of goodwill and/or similar losses; or loss of anticipated savings; or loss of goods; or loss of contract; or loss of use; or loss or corruption of data or information; or any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses; and
10.4.2 GB MOT Training Ltd’s total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise arising in connection with the performance, or contemplated performance, of the Contract shall be limited to 150% of the Course Fees.
10.5 The parties shall treat as and keep confidential all information whether of a technical, commercial or any other nature relating to the other party and shall not, during the period of the agreement, or at any time after its termination, divulge any such information to any person not authorised by the divulging party to receive it and shall not utilise any secret or confidential knowledge or information acquired in connection with this Agreement to the detriment or prejudice of the other party or use the same for any purposes save for the purposes of this Agreement.
11 DATA PROTECTION
11.1 The Client acknowledges and agrees that personal data of the Client and its Delegates will be processed by and on behalf of GB MOT Training Ltd. in connection with the Training Course.
11.2 GB MOT Training Ltd. may make reference to a Client’s contract within any proposal to further Clients, provided only fundamental facts are divulged and not proprietary and confidential information.
12 FORCE MAJEURE
12.1 GB MOT Training Ltd. shall have no liability to the Client under the Contract if it is prevented from, restricted, or delayed in performing, its obligations under the Contract or from carrying on its business by acts, events, omissions or accidents beyond its reasonable control, including (without limitation) industrial disputes (whether involving the workforce of GB MOT Training Ltd. or any other party), failure of a utility service or transport network, act of God, fire, storm, flood, war, riot, civil commotion, or disturbances, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery or default of suppliers or subcontractors.
Subject to condition 4, no variation of the Contract or these Conditions shall be valid unless it is in writing.
13.2.1 A waiver of any right under the Contract is only effective if it is in writing and it applies only to the circumstances for which it is given. No failure or delay by a party in exercising any right or remedy under the Contract or by law shall constitute a waiver of that (or any other) right or remedy, nor preclude or restrict its further exercise. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that (or any other) right or remedy.
13.2.2 Unless specifically provided otherwise, rights arising under the Contract are cumulative and do not exclude rights provided by law.
13.3.1 If any provision of the Contract (or part of any provision) is found by any court or other authority of competent jurisdiction to be invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed not to form part of the Contract, and the validity and enforceability of the other provisions of the Contract shall not be affected.
13.3.2 If a provision of the Contract (or part of any provision) is found illegal, invalid or unenforceable, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable.
13.4 Entire agreement
13.4.1 The Contract constitutes the whole agreement between the parties and supersedes all previous agreements between the parties relating to its subject matter.
13.4.2 Each party acknowledges that, in entering into the Contract, it has not relied on, and shall have no right or remedy in respect of, any statement, representation, assurance or warranty (whether made negligently or innocently) (other than for breach of contract).
13.4.3 Nothing in this condition shall limit or exclude any liability for fraud.
13.5.1 The Client shall not, without the prior written consent of GB MOT Training Ltd., assign, transfer, charge, mortgage, subcontract or deal in any other manner with all or any of its rights or obligations under the Contract.
13.5.2 GB MOT Training Ltd. may at any time assign, transfer, charge, mortgage, subcontract or deal in any other manner with all or any of its rights under the Contract and may subcontract or delegate in any manner any or all of its obligations under the Contract to any third party or agent.
13.5.3 Each party that has rights under the Contract is acting on its own behalf and not for the benefit of another person.
13.6 Nothing in the Contract is intended to, or shall be deemed to, constitute a partnership or joint venture of any kind between any of the parties, nor constitute any party the agent of another party for any purpose. No party shall have authority to act as agent for, or to bind, the other party in any way.
13.7 A person who is not a party to the Contract shall not have any rights under or in connection with it.
13.8.1 Notices to GB MOT Training Ltd. shall be addressed to Graham Williams, T/A GB MOT Training Ltd., 5-7 New Road, Radcliffe, Manchester, M26 1LS or to such other person or address as specified to the Client by GB MOT Training Ltd. in writing.
13.8.2 Notices to the Client shall be delivered to the name and address as specified in the booking Acknowledgement or to such other person or address as specified to GB MOT Training Ltd. to the Client in writing
13.9.1 The Contract, and any dispute or claim arising out of or in connection with it or its subject matter, shall be governed by, and construed in accordance with, the law of England and Wales.