1. These terms and conditions are between Meaningful Change Limited and the Customer. Meaningful Change Limited shall be abbreviated to MCL for the purposes of this document.
2. MCL has a registered office address at 21 – 23 Croydon Road, Caterham, Surrey CR3 6PA.
3. These terms and conditions replace any previous terms and conditions of MCL and are the complete and only terms and conditions between the parties.
4.MCL and the purchaser shall agree that by placing an order either through the website (www.mcfirstaidtraining.co.uk) or by telephone order you accept these ‘terms’ and offer to the services from MCL and enter into a legally binding contract with MCL.
5. Your order constitutes an offer to MCL to buy the services. All orders are subject to acceptance by MCL, and MCL will confirm receipt of your order by sending you an automatic acknowledgement of your order (“Automatic Acknowledgement”) and will then confirm acceptance of your order by sending you either an e-mail, letter or fax confirming the order (“Order Confirmation”). A contract will be formed between MCL and you, once your order confirmation has been sent by MCL.
6. Failure to notify of any delay shall not on its own entitle the Purchaser to terminate the contract or withhold payment against MCL invoice. Unless otherwise agreed in writing with MCL, the Purchaser shall not be entitled to cancel any order for Services once the first performance of the Services has been performed by MCL.
7. Unless otherwise agreed in writing, these Terms are the only conditions upon which MCL is prepared to supply the services to you. These Terms shall constitute the whole agreement between MCL and you, and shall govern the contract between MCL and you (the “Contract”) to the entire exclusion of all other terms or conditions (including your terms and conditions or those implied by trade, custom or practice).
8. “Onsite” means training provided on your premises or premises other than the MCL training company’s premises.
9. If you have booked an onsite course and the site conditions are not appropriate for the provision of first aid training we reserve the right to refuse the training, you agree that your responsibility as part of the order is to provide an appropriate space as noted below, the full course fee is still payable.
10. In the case of onsite courses you agree to provide a clutter free and clean space with enough chairs for the trainer and the trainees. You confirm that the space will be safe and adhere to your normal HSE safety at work requirements. You agree the space will be quite enough to conduct a training course.
11. The purchaser agrees to abide by the trainers decision as to whether the training space is suitable for purpose and as such agrees that the full course fee is still payable and cannot be withheld as a result of the trainer declining to train for the reason the onsite training conditions do not meet the trainers standard onsite expectations. “Offsite” means training provided at a venue other than the purchaser’s premises usually the location provided by MCL the training company.
12. “Purchaser” means the business or person booking the course.
13. “Delegates” means the individuals booked onto the course by the purchaser and in some cases the purchaser.
Meaningful Change Limited Obligations:
2. In consideration of the payment of fees for onsite courses MCL agrees to provide a registered, fully qualified and certified trainer with the appropriate teaching materials and aids.
2.1. In consideration of the payment of fees for offsite courses MCL agrees to provide a suitable venue, a registered, fully qualified and certified trainer, with the appropriate teaching materials and aids.
2.2. In consideration of payment MCL will manage all the administration required to assess and certify successful delegates.
Booking on behalf of the Delegate:
3. In all cases where the booking is made on behalf of the delegate the purchaser undertakes to bring these terms and conditions to the attention of delegates. It is the purchaser’s responsibility to ensure that the delegates receive all the relevant information including the joining instructions and that they meet the eligibility and published prerequisite requirements.
Terms Of Payment
4. Unless subject to separate agreed arrangements, the Purchaser shall pay MCL within 14 days of the date of MCL invoice. If the Purchaser fails to make payment on the due date, MCL shall be entitled to charge the Purchaser interest at the annual rate of 5% above the base rate of The Bank of England. The purchaser agrees to cover all the debt recovery costs incurred by MCL. Interest will be charged on a compound daily cumulative rate from the date of the course until the full amount of the debt has been settled. Unless otherwise agreed with MCL or required by law, the Purchaser shall not be entitled to make any set off in respect of amounts due to MCL. All course fees are subject to the current rate of VAT (valid exemptions only).A binding contract will be formed when MCL notifies it’s acceptance of the order. Failure to abide by these terms can result in MCL retaining the course certificates, invalidating your training until payment is received.
4.1. Telephone orders are legally binding and you permit MCL to record the call for training and quality purposes. You agree that all calls that are recorded may be used by MC as evidence of the contract.
4.2. If the purchaser disputes payment and the result of the dispute has to be referred to a court of law the purchaser agrees that MCL can claim back its court expenses and any third party collection fees in addition to the original booking fee.
4.3. Any late payments will be subject to a late payment charge at the rate of 5% over the Bank of England base rate. Payments can be made by major credit and debit cards.
4.4. Where a Purchase Order is issued must clearly state the purchase order number, course dates, full Invoice amount and contact details for invoicing. When more than one course is booked on the same booking form, full payment for all courses, including VAT, is required 30 working days before the commencement of the first course.
4.5. Where the relevant invoice has not been paid by course start date then we have the right to refuse the delegate(s) entry to the course. In these circumstances, the invoice in question will remain payable in full. We reserve the right to withhold examination results and certificates until all payments have been made. Administration fee for cancellations are payable immediately upon invoice. The Terms of this agreement override over any other terms of business or purchase conditions put forward by the Customer.
4.6. Once a payment has been made, may it be a deposit or full payment, over the phone or on the website by the following methods: Debit Card, Credit Card, the delegate is adhering to the MCL terms and conditions irrespective if a booking form has been signed. In addition, if payment has also been received via bank transfer or cheque the delegate is adhering to the MCL terms and conditions irrespective if a booking form has been signed.
Purchase Order/ Identification Number:
5. If a purchase order is provided there is no need for any other confirmation (i.e. booking forms to be signed). The purchase order constitutes as a legal offer to buy products or services. The Purchase Order is deemed as a confirmation of an order and is bound by the cancellation & re-scheduling policy set out in this document.
6. The site and the customer services team via telephone (calls maybe recorded for training and quality purposes) provide details of both the VAT inclusive and the VAT exclusive Price. The services will conform in all material respects with the description of the services set out on the site or over the telephone. The purchaser must satisfy themselves in relation to the suitability of any services ordered. MCL reserves the right to amend the specification of services or withdraw services at any time.
6.1. All pricing quotations are valid only for 7 days from the date they are first sent to the Customer.
6.2. MCL reserves the right to amend its Prices without prior notice, however the price applicable to the services shall be the price stated on the site or over the phone at the time you received the Order Confirmation unless your order does not meet the conditions in point 24 below.
6.3. If you have placed an order and MCL subsequently requires to vary the price of the services, MCL will either refund your monies in full or you can accept the variation in the price.
Supply / Eligibility:
7. MCL will endeavour to supply the services on the dates outlined over the phone or on the site and will advise you of any anticipated changes to, delays with the course dates or the dates otherwise agreed with you. However, MCL does not accept liability for the consequences of any change or delay to course dates provided. However, where possible, MCL will endeavour to give reasonable notice of any such changes or delay.
7.1 All courses are subject to a minimum attendance requirement at the discretion of MCL. Any course failing to reach the minimum requirement is subject to cancellation where an alternative will be offered or a full refund will be due on cancellation.
7.2.It is the Purchaser’s (employer’s) responsibility to ensure that students are free from any condition which would affect their capability to undertake their chosen course, and that they have the ability to cope with intensive physically applied training as well as class based study. MCL should be provided in advance notification of any assistance that a student is likely to need during the running of a course. If MCL decides that a student has not achieved the learning outcomes of the course and/or the assessment standard, then they will be offered a free reassessment and up to 3 future free places on subsequent courses Any further training or coaching over and above that provided on the courses may be charged for.
7.3.To be eligible to attend an HSE two-day Requalification course, students must present a valid First aid at work certificate issued by an HSE-approved provider which is ‘in date’ on the last day of the Requalification course. ‘In date’ means the period within three months prior to the original certificate expiry date. The HSE allows a maximum of 28 days from the expiry date of the certificate to complete requalification training and assessment.
7.4.The Purchaser (the employer) acknowledges that if a student arrives late for a course or is absent from any session, MC reserves the right to refuse to accept the Student for training. In all such cases, the full course fee remains payable.
Changes To Course:
8. MCL reserves the right to change any part of a published course; if this is caused by circumstances beyond our control. MCL reserve the right to cancel or reschedule any course and will advise the customer as soon as the change is known. MCL will use all reasonable endeavours to avoid changes of this nature. For any courses which are rescheduled due to unforeseen circumstances such as trainer sickness/course low fill every endeavour will be made to provide a replacement trainer or to reschedule the course and we will offer delegates as many options as possible to complete their training programme. Contents of course timetables are intended for general guidance only. Any typographical error including pricing or omission in any website, sales literature, administrative documentation, course materials, invoice, or other document shall be liable to correction without any liability on the part of MCL. The Location and course date of the course will be advised upon booking. MCL reserve the right to change the location and will advise the customer as soon as the change is known. MCL will not be liable for out of pocket expenses due to cancellation or any other changes to venue or programme
9. The Purchaser accepts that it is their responsibility that the course booked is suitable for the requirements and abilities of the delegates attending. MCL employees may recommend courses or learning solutions, however, the assessment and the final decision concerning suitability of the course is the Purchaser’s responsibility.
9.1. In cases where we have made recommendations, we do so in good faith and will not be willfully misleading. All public and onsite training courses are delivered only in English and all Delegates must be sufficiently proficient in the English language before attending the course.
9.2. Any special needs requirements may incur additional costs to which the delegate will be liable.
10. Personal belonging or items belonging to the Delegate on the Delegate’s possessions brought onto training courses are the sole responsibility of the Delegate. MCL accepts no responsibility of the items or any loss or damage that may occur during the course
11. MCL reserves the right to refuse admission to any person whom it considers in its absolute discretion to be unsuitable for whatsoever reason.
Non Attendance & Late Attendance:
12. Non-attendance of any course for any reason whatsoever is deemed to be a cancellation with no notice and payment is due in full. If you arrive late for a course or are absent from any session we reserve the right to refuse to accept you for training, the full course fee remains payable. At the discretion of the instructor late arrivals may be admitted up to 15 minutes beyond the scheduled course start time. 12.1 Where illness injury may have occurred within our cancellation period then evidence of these circumstances must be produced before any application for change or reschedule can be considered. Our decision is completely at the discretion of Meaningful Change and our decision is final without further recourse.
13. If you wish to substitute a candidate after the booking has been submitted, no charge will be applied for the first substitution provided MCL is notified not less than 14 days prior to the course start date. Any subsequent substitutions, or those made within 7 days of the course start date, will incur a fee of £25
14. Consumer Protection (Distance Selling) Regulations 2000 (‘the Regulations’)
14.1. Where a contract with a consumer is concluded on a distance selling basis the Regulations (as amended from time to time) will apply and the Purchasing consumer will have a general right to cancel. In the case of services this will expire 14 days after booking (except for late bookings when it will expire on the date the services are commenced). Subject to the Regulations and to the foregoing, if a request is made to amend services, the following fees may be applied:
14.2. First transfer more than four weeks notice – no charge
14.3. Two to four weeks notice – 50% of course fee
14.4. Less than two weeks notice – 100% of course fee
14.5. Should circumstances mean you need to transfer the date of your onsite course you are permitted to transfer the date subject to availability and the following charges apply:
14.6. First transfer more than four weeks notice – no charge
14.7. Two to four weeks notice – 25% of course fee
14.8. Less than two weeks notice – 100% of course fee
14.9. All transferred courses must be taken within a period of 3 months of the original course date, unless otherwise agreed by MCL.
14.10. Transfers must be received in writing and received by the due date and confirmed as received by MCL, please note MCL is not responsible for undelivered written confirmations. Transfers are not valid without a written receipt from MCL acknowledging receipt of your transfer request. MCL may from time to time require proof written confirmation was sent. MCL would recommend sending written proof via a registered provider like royal mail recorded service or phone MCL information direct and ask for a receipt.
15. To change the date of a booking please see Transfers section on the terms of business. Should circumstances require you to cancel your order and you are unable to reschedule you agree to the following cancellation charges:
15.1. Less than 8 weeks notice – 25% of course fee
15.2. Less than 6 weeks notice – 50% of course fee
15.3. Less than 4 weeks notice – 100% of course fee
16. Cancellations must be received in writing and received by the due date and confirmed as received by MCL, please note MCL is not responsible for undelivered written confirmations. Cancellations are not valid without a written receipt from MCL acknowledging receipt of your cancellation. MCL may from time to time require proof written confirmation was sent. MCL would recommend sending written proof via a registered provider like royal mail recorded service or phone MCL information direct and ask for a receipt.
17. If you are booking as an individual, you have seven working days in which to cancel your booking from the date it was made without charge. If your course is due to start within seven working days of the date you made the booking, the cancellation request has to be received prior to the course start date. For courses that are booked outside this period standard cancellation fees apply. This does not affect your statutory rights. Cancellations can be received by phone 0800 001 6086 or email: firstname.lastname@example.org
18. In the case where a refund is made to the Purchaser by MCL, the refund may take up to 30 working days to be processed. Refunds will be processed using the same payment method that the original payment was made. All deposits and credit card surcharge fees are non-refundable. Upon payment of your deposit you are contracted to pay the confirmed course fee at the time of booking, and MCL reserve the right to change prices at any time at their discretion. Upon payment of a deposit, the delegate is adhering to the MCL terms and conditions. Refunds will be made in GBP (£) for the exact amount originally received, less any cancellation, pre course fees that may be payable. MCL will not be liable for any fluctuation in exchange rates or bank charges for overseas refund transactions.
19. The Contract may be terminated by MCL with immediate effect if you fail to pay the price in accordance with these Terms and subject to the Payment terms and conditions outlined above.
19.1. The contract may be terminated by MCL if you in any way bring into disrepute the name, the reputation, the interests of, the employees of or the goods and services of MCL.
19.2. MCL reserves the right to refuse or terminate any booking without reason. MCL does not accept liability for the consequences of any refusal or termination of any booking. However where possible MCL will endeavour to give reasonable notice of any such termination.
19.3. The contract may be terminated if either party ceases to carry on its activities, becomes unable to pay its debts when they fall due, becomes or is deemed insolvent, has a receiver, manager, administrator, administrative receiver or similar officer appointed in respect of the whole or any part of its assets or business, makes any composition or arrangement with its creditors, takes or suffers any similar action in consequence of debt, an order or resolution is made for its dissolution or liquidation (other than for the purpose of solvent amalgamation or reconstruction) or enters into liquidation whether compulsorily or voluntarily or shall suffer any analogous event under any jurisdiction which it is.
19.4. Notwithstanding termination of the Contract for any reason you will continue to be liable for that proportion of the price attributable to those Services provided up until the date of termination.
Consequences of Termination:
20. The termination of this Agreement howsoever arising is without prejudice to the rights, duties and liabilities of either party accrued prior to termination. The clauses which expressly or impliedly have effect after termination will continue to be enforceable notwithstanding termination.
21. Each party undertakes to comply at all times with the Data Protection Act 1998 (the ‘DPA’) to the extent it processes any personal data or sensitive personal data on behalf of the other. ‘personal data’ and ‘sensitive personal data’ shall have the meanings given in the DPA.
21.1 In particular, but without limitation, each party shall:
(a) only carry out processing of such data in accordance with the other’s instructions
(b) only disclose it to or allow access to it by those of its employees (or agents or sub-contractors) who are familiar with data protection requirements and whose use of such data relates to their job or function
(c) assist the other with all subject information requests received from data subjects.
21.2 For the avoidance of doubt, neither party (or its agents or sub-contractors) shall acquire any rights in any of the other’s personal data or sensitive personal data and shall only be entitled to process it in accordance with its contractual obligations. On termination of the contract each party (or its agents or sub-contractors) shall immediately cease to use the same and shall arrange for its safe return or destruction as shall be agreed with the other at the relevant time.
21.3. MCL’s standard terms and conditions for the supply of training services Intellectual Property.
21.4. Each party confirms that it owns, or has all necessary rights in the use of, all intellectual property in relation to the Services and each acknowledges that such intellectual property shall remain the property of, or the rights in the use of shall remain with, the originating party, unless otherwise agreed in writing between the authorised representatives MCL and the Purchaser.
21.5. Each party agrees to indemnify the other against any actions, costs, liabilities, losses, damages and expenses which the other may suffer or incur as a result of any claim by a third party in relation to ownership or use of any relevant intellectual property, provided by the other party.
22. All intellectual property rights for all course materials shall remain the property of MCL. The purchaser/delegate agrees not to reproduce, sell, hire, lend or copy the course materials or use them except for the purpose of personal reference. MCL warrants that it will not knowingly include any copyright material in its course materials without license or consent.
23. Nothing in this contract excludes or limits or attempts to exclude or limit the liability in respect of the implied warranties contained in the supply of Goods and Services Act 1982.
23.1.MCL will be under no liability to the purchaser whatsoever (whether in contract, tort (including negligence), breach of statutory duty, restitution or otherwise) for any damage or direct, indirect or consequential loss howsoever caused.
23.2. MCL aggregate liability under this agreement (whether in contract, tort (including negligence), breach of statutory duty, restitution or otherwise) for any damage or direct, indirect or consequential loss (all three of which terms include, without limitation, pure economic loss, loss of profits, loss of business, depletion of goodwill and like loss) howsoever caused will be limited to the amount paid for the Services concerned.
23.3. MCL shall not be liable for mistreatment of any person or property arising out of the purchasers or purchasers delegates failure to follow the guidelines set out by MCL or the registered trainer operating on behalf of MCL booked to deliver course training.
23.4. MCL liability is to provide a registered trainer to the purchaser of training and the purchasers delegates and therefore shall not be liable for mistreatment of any person or property arising from a third party registered trainers advice.
23.5. The purchaser accepts MCL does not deliver all the training courses and advice therefore any liability for training advice is the liability of the trainer who have agreed to provide the training on the terms herein.
23.6. The purchaser shall indemnify MCL for any loss or expenses caused as a result of providing inaccurate information to MCL, mistakes contained within the purchasers customers order or personal injury or death caused by a purchaser or purchasers delegates not following the registered trainers guidelines correctly.
23.7. The purchaser accepts that under the new HSE guidance as of 1st October 2013 that the new regulations now require employers to carry out their own due diligence and investigations on the first aid training provider in order to ensure that the training meets the requirements and necessary standards for their company.
23.8. MCL accepts no responsibility for certificates lost in the post or sent to inaccurate addresses supplied. In the event of lost or misplaced certificates, electronic copies will be sent free of charge. Paper replacement certificates will incure a charge of £9.00 per certificate.
24.In the event of a dispute the parties shall agree to keep the dispute confidential and use all reasonable endeavours to resolve it as soon possible. If they fail to do so within 14 days, the parties shall try to agree a method of dispute resolution. If an agreement cannot be reached within 14 days the parties agree that the dispute will then become subject to the exclusive jurisdiction of the English courts.
25. The contract shall be governed by the law of England and Wales and the courts of England and Wales shall have exclusive jurisdiction to settle any disputes.
26. The failure of a party to exercise or enforce any right conferred on that party by the contract shall not be deemed to be a waiver of any such right or operate to bar the exercise or enforcement thereof at any time or times thereafter.
27. MCL warrants to provide services with all the care and skill to be expected of a competent booking agent experienced in undertaking services of the same kind as the services.
27.1. If the Services performed are in breach of the governing law, MCL will at its option make good the performance, re-perform the service or refund the purchaser the relevant price, subject to availability and the performance being proved to be deficient to the reasonable satisfaction of MCL. These obligations will not apply where part of the service concerned was based on information supplied by or varied from the normal service at the specific request of the Purchaser or the purchaser failed to notify MCL of the defect within 14 days of the supply.
28. Each party acknowledges and agrees that any and all information concerning the other’s business or the terms of the agreement including any disputes is confidential (hereinafter referred to as ‘Confidential Information’) and each party agrees that it shall not permit the duplication, use or disclosure of any such confidential Information to any person, website or third party (other than its own employee, agent or sub-contractor where the same requires such information for the performance of the Agreement) unless such duplication, use or disclosure is specifically authorised in writing by the other party, or is required by the operation of Law. The parties shall take steps to ensure that their employees, agents and sub-contractors keep Confidential Information confidential.
29. MCL may at any time assign the contract or any of the supplier’s rights or obligations under it.
30. Applicable laws requires that some of the information or communications the supplier sends to you should be in writing. When using the site, you accept that communication with MCL will be mainly electronic. MCL will contact you by e-mail or provide you with information by posting notices on the site. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that MCL provides to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
31. If any clause or part of this Agreement is found by any court, tribunal, administrative body or authority of competent jurisdiction to be illegal, invalid or unenforceable then that provision will, to the extent required, be severed from this Agreement and will be ineffective without, as far as is possible, modifying any other clause or part of this Agreement and this will not affect any other provisions of this Agreement which will remain in full force and effect.
32. This Agreement may only be varied or amended in writing and signed by the parties specifically referring to this clause and stating that this Agreement is varied in the manner specified.
33. These terms and conditions, and the Agreement into which they are incorporated contain all the terms which the parties have agreed in relation to the subject matter of this Supply. Nothing in this Clause shall be taken to exclude liability for fraudulent misrepresentation.
Compliance with Laws and Regulations:
34. Each party shall observe and abide by and shall require its sub-contractors to observe and abide by all laws, regulations and by laws as may apply in relation to the matters contemplated by this Agreement.
Governing Law and Jurisdiction:
35. This Site is operated and controlled from the United Kingdom and these Terms and your use of the services offered are governed by and construed in accordance with the laws of England and shall be subject to the exclusive jurisdiction of the English Courts.
36. All information that we hold concerning you will be held and processed by MCL strictly in accordance with the provisions of the Data.
Data Protection Act 1998:
37. Such data will be used by MCL to administer our relationship with you as a customer in order to certify your staff with our awarding body Nuco Training Limited.
37.1. As an individual, you have a right under the Data Protection Act 1998 to obtain information from us, including a description of the data that we hold on you. Should you have any queries concerning this right, please contact our Data Protection Administration Manager at the ‘Notice’ address below.
Registered Office: 21 – 23 Croydon Road, Caterham, Surrey CR3 6PA.
Security and Encryption:
38. We use the highest level of security and encryption methods available for processing payments online. We also strictly adhere to best practices of data protection and PCI compliance. That means your payment details are as secure as they possibly can be when making a purchase with us
39. All notices given by you to MCL must be sent to Meaningful Change Limited, 45 Emerald House, 15 Lansdowne Road, Croydon, Surrey CR0 2NZ. or via the email address email@example.com. MCL may give notice to you at either the e-mail, mobile, fax or postal address you provide to MC when placing an order. Notice will be deemed received and properly served immediately when posted on the Site, 2 hours after MCL sends an e-mail, mobile text or fax, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, mobile text or fax that such e-mail, mobile text or fax was sent to the specified e-mail address, mobile phone or fax number of the addressee.
40. Neither party will be liable to the other for any failure or delay or for the consequences of any failure or delay in performance of this Agreement if it is due to any event beyond the reasonable control and contemplation of a party to this Agreement including, without limitation, acts of God, war, industrial disputes, protests, fire, flood, storm, tempest, explosion, an act of terrorism and national emergencies.