Web Site Terms & Conditions
- Using the Site
Reference to ‘you’, ‘your’ and ‘yours’ are references to the persons accessing the Site. References to ‘we’, ‘us’ and ‘our’ are references to Darley Training Ltd.
www.darleytraining.co.uk and any other website owned or operated by Darley Training (hereinafter referred to as ‘the Site’) is maintained for your personal use and viewing. Your access and use of this Site constitutes your acceptance of these Terms and Conditions which takes effect from the date on which you use this Site. If you do not accept these Terms and Conditions you are not authorised to use or continue using the Site.
We may at any time revise these Terms and Conditions, in whole or in part, without notice. Please check these each time you use the Site. You agree to review the Terms and Conditions regularly and your continued use of this Site following the posting of any changes will signify your acceptance of these changes.
Access to Site is on a temporary basis and we reserve the right to amend or withdraw the service without notice. We will not be liable if for any reason a Site is unavailable at any time and for any period.
These Terms and Conditions are to be read by you together with any terms, conditions and disclaimers provided in the pages of the Site. In the event of any conflict, the terms and conditions and disclaimers provided in the pages of the Site shall prevail over these Terms and Conditions.
You are not entitled (nor will you assist others) to set up links from your own websites to the Site (whether by hypertext linking, deep linking, framing, tagging or otherwise) without the prior written consent of Darley Training, which we may at our absolute discretion, and without providing a reason, grant or withhold.
Where a Site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
- Intellectual property
The contents of the Site are protected by copyright, trademark rights, database rights, patent rights, design rights and any other text, graphic, audio, video or images, contents, software, data and information. You may imprint, copy, down load or temporarily save extracts from the Site only for your own personal information.
We allow you onto this Site in return for you agreeing not to adapt, alter or create any derivative work from any of the material contained in this Site.
The names, images and logos identifying Darley Training are registered trademarks. The copying and use, in any manner, of the Darley Training logo, name or images is not permitted without prior written consent of Darley Training.
All other trademarks, brand names, product names and titles and copyright used on this Site are used under licence granted by their respective holders. No permission is given by Darley Training in respect of the use of any of them and such use may constitute an infringement of the holder’s rights.
If you print off, copy or download any part of a Site or breach these Terms and Conditions, you right to use the Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
- Your use of the Site
Use of the Site is at your sole risk. The material displayed on the Site is provided without any guarantees, conditions, or warranties as to its accuracy. Darley Training shall not be liable for any direct, indirect or consequential loss or damage incurred whatsoever and howsoever arising as a result of your use of inability to use, results of the use of or reliance on the information contained on the Site or any website linked to it to the maximum extent permitted by law.
Further, Darley Training will not be liable for:
- The accuracy or reliability of the information or content of the Site;
- Problems including compatibility and damage or corruption of your Hardware, software or installation;
- The security of the Site;
- Interruption in availability or errors of the Site;
- The Site content failing to meet your requirements; or,
- The accuracy, functionality or performance of any third party software that may be used in connection with the Site.
The Site is intended for those who access it within the United Kingdom we cannot therefore guarantee that the Site and its content complies with or is suitable for use in other places. Those who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with local laws.
Messages sent over the Internet cannot be guaranteed to be completely secure as they are subject to possible interception, loss or alteration. We are not responsible for them and will not be liable to you or anyone else for any damages or otherwise in connection with any message sent by you to us or any message sent by us to you over the internet.
We are concerned about the safety and privacy of our users, particularly children. Parents/guardians who wish to allow their children access to and use the Site should supervise such access and use. By allowing your child access to the Site you are allowing your child access to all services including email, forums and/or other message or communication facilities. It is therefore your responsibility to determine which services are appropriate for your child.
- Competitions and Prize Draws
From time to time Darley Training may run competitions, free prize draws and promotions on this Site. These will be subject to separate terms and conditions made available at the time of such competitions.
- Darley Training shop
This is subject to additional terms and conditions.
Whilst Darley Training makes all reasonable attempts to exclude viruses from the Site, it cannot ensure such exclusion and no liability is accepted for any loss, disruption or damage to our data or your computer system which may occur whilst using material off the Site.
You must not misuse the Site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Site, the server on which the site is stored or any server, computer or database connected to the Site. You must not attack the Site via denial-of-service attach or a distributed denial-of-service attack.
By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In event of such a breach, your right to use the Site will cease immediately.
You have sole responsibility for adequate protection and back up of data and/or equipment and for undertaking reasonable and appropriate precautions to scan for computer viruses or destructive properties. Thus, you are recommended to take all appropriate safeguards before downloading information from the Site.
- Third Party Websites
Darley Training is not responsible for the contents or reliability of any other websites to which we provide a link and does not necessarily endorse the views expressed with them. Listing should not be taken as endorsement of any kind. We cannot guarantee that these links will work at all times and have not control over the availability of the linked pages. In particular Darley Training is not responsible for any privacy policies on external websites and we recommend you read the relevant statements on any other website you visit. Darley Training is not responsible for the direct or indirect consequences of you linking to any other website from the Site.
By breaching this provision, you would commit a criminal offence under the computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Site will cease immediately.
- Data Protection
- Governing Law and Jurisdiction
These Terms and Conditions are governed by and interpreted in accordance with the laws of England and Wales and the English Courts will have exclusive jurisdiction in respect of any dispute which may arise although we retain the right to bring proceedings against you for breach of these Terms and Conditions in your country of residence or any other relevant Country.
- Questions and Complaints
We are committed to providing a high quality, accessible and responsive service to all users. If you have any questions or complaints relating to the Site please contact us in writing to: Darley Training, 34 Cambridge Road, Hastings, East Sussex, TN34 1DT. Email: email@example.com
Publication Terms & Conditions
If you are purchasing a publication Product (as defined below) the following Terms & Conditions will apply:
- About these Terms and Conditions
1.1 These Terms and Conditions (the 'Conditions') form the whole of our ‘'Agreement’' with you.
1.2 In the Conditions ‘we’, ‘us’ and ‘our’ means Darley Training Ltd, (Registered Company Number 03734693), known as Darley Training; ‘you’ means the individual or organisation ordering Products under these terms and conditions; ‘Consumer’ means any natural person who, in contracts to which the Consumer Protection (Distance Selling) Regulations 2000 apply, is acting for purposes which are outside his business; ‘Credit Account’ means a pre-arranged credit account with us; ‘Description’ means our description of a Product that may be purchased from us; ‘Dispatch’ means the time Hardcopy Products are dispatched from us or our warehouse, or for Online Products the time we send you the email with log-in details in order to access; ’Hardcopy Products’ means those hardcopy versions of publications that are printed or in CD or DVD format and require delivery following ordering; ‘Online Products’ means those digital products accessible online, and we send you an email containing log-in details for you to access; ‘Order’ means a request by you to purchase Products from us; ‘Order Number’ means a number provided by us to you after you place an Order; ‘Products’ means Hard Copy Products or Online Products you have ordered from us; ‘Returns Number’ means a number provided by us to you if you are to return Products to us; and ‘Working Days’ means a day other than a Saturday or Sunday or a public or bank holiday in England.
1.3 These Conditions replace all other terms and conditions previously applicable to the sale of the Products and shall apply to any Order to the exclusion of any other terms and conditions. We may not necessarily keep a copy of your Order and these Conditions and advise you to keep a copy of them for your information in the future.
1.4 If you are placing an Order online your use of the website is also subject to terms and conditions governing the use of our website, as outlined on this page.
2.1 To purchase Products you must be over 18 years of age. If you are under 18 you may purchase a Product only with the involvement of a parent or guardian.
- Placing your order
3.1 You may place an Order by following the ordering process on our website; by telephone or email.
3.2 If you place an Order online you are able to correct errors in your Order up to the point at which you click ‘submit’ on the final page of our ordering process and we will notify you by e-mail as soon as possible to confirm receipt and details of your Order.
3.3 Any Order received by us shall be treated as an Order unless it is clear to us that it is intended to be confirmation of an Order by being clearly marked as such.
- Our Agreement with you
4.1 All Orders for Products shall be regarded as an offer by you to purchase the Products under the terms of the Agreement.
4.2 Although we make every effort to ensure that the Product Descriptions and prices on our website or in our literature are accurate, mistakes may occasionally happen. We reserve the right to cancel any Order for Products where any such mistake has occurred, even after we have accepted such an Order. However, where pricing is concerned, if the correct price is lower than stated we will process your Order and charge you the lower price. If the correct price is higher we will notify you in writing and give you the option of paying the higher price. If you do not wish to pay this, we will cancel your Order.
4.3 After placing an Order online, you will receive an e-mail from us acknowledging that we have received your Order. Please note that this does not mean that your Order has been accepted. Acceptance of your offer will take place on Dispatch to you of the Products ordered unless we notify you in writing of our acceptance at any time prior to such Dispatch. Our acceptance of your Order brings into existence a legally binding Agreement between us.
- Selecting the Products
5.1 You are responsible for the selection of the Products, and any Description, advice or recommendation given by us to you as to the suitability, fitness for any purpose, application or use of the Products is intended for guidance only and is followed or acted upon entirely at your own risk. Accordingly we shall not be liable for any such Description, advice or recommendation.
- Price and Delivery Charges
6.1 The prices of the Products are as listed in our published price lists. We reserve the right to change prices listed without notice.
6.2 Prices shown exclude VAT and any other government duty or tax applicable, unless explicitly made clear to include VAT. When you order Products for delivery outside the UK the Order may be subject to import duties and taxes which are levied once the package reaches the specified destination. Customs duties vary from country to country. Any additional charges for customs clearance or otherwise must be borne by you.
6.3 If the Products are to be delivered to a postal address in the UK, postal and packing charges are free, unless our Sales Department notify you otherwise prior to Dispatch, or you select an express delivery service.
6.4 If the Products are delivered to an address outside the UK postal and packing charges are payable by you. If you order online, your delivery charge will be calculated automatically. If you are not ordering online, prior to placing your Order please contact our Publications Department for the amount of the postal and packing charge payable by you.
7.1 All payments must be made in UK sterling (GBP).
7.2 Payment shall be made before the Products are dispatched other than where we agree to payment being made through an active Credit Account. If you fail to make any payment prior to Dispatch or on the due date, as applicable, without prejudice to any other right or remedy available to us, we shall be entitled to cancel the Agreement or suspend any further deliveries to you.
7.3 Where payment is to be made by a Credit Account, payment shall be made within 30 days of the date of invoice. If full payment is not received when due we shall be entitled to include interest on the amount outstanding from the date when such payment is due until the date of actual payment (both after as well as before judgment) at a rate per annum of 4 per cent above the base rate from time to time of Barclays Bank plc. If we must recover the outstanding payment and/or Products, recovery costs are to be paid by you.
8.1 Without waiver or limitation of any rights or remedies we shall be entitled to set-off any and all monies owed by us to you against any and all monies owed by you to us under this or any other contract.
9.1 If your Order is accepted, we will aim to deliver within 10 Working Days and in any event within 30 days starting on the day after you placed your Order, unless you are pre-ordering a Product not yet available, in which case it will be 30 days from the date of publication by us, or as advised within the Product description (the ‘Latest Delivery Date’). The place of delivery for Hardcopy Products shall be as stated in the Order, which will be a postal address, and for Online Products it will be the email address you have specified in your Order (‘Delivery Address’). If we are not able to deliver the Products by the Latest Delivery Date you will be informed of this and, unless you request us to continue processing your Order, you shall be reimbursed as soon as possible and in any event within 30 days starting on the day after the Latest Delivery Date.
9.2 For operational reasons the Products may be delivered in instalments. Any failure by us to deliver any one or more of the instalments in accordance with this Agreement or any claim by you in respect of any one or more instalments shall not entitle you to treat the Agreement as a whole as terminated.
9.3 If the Products are delivered by carrier a valid proof of delivery obtained for the Delivery Address constitutes a successful delivery.
9.4 If you do not receive the Products you have ordered within 30 days of placing an Order you must notify us immediately, unless you are pre-ordering a Product not yet available. In the absence of such notice from you to us the Products shall be deemed to have been delivered and accepted by you complete and in a satisfactory condition. Thereafter you shall not be entitled to reject the Products, we shall have no liability for any defects or failure and you shall be bound to pay the price as if the Products had been delivered in accordance with this Agreement.
- Risk and Ownership
10.1 Risk of damage to or loss of the Products shall pass to you upon delivery at the Delivery Address.
10.2 Ownership of Products passes to you on the latter of receipt by us of full payment or delivery to you of the Products at your Delivery Address. We may recover any Products supplied at any time prior to ownership passing if you are in breach of these Conditions.
- Damaged or Defective Products
11.1 You should inspect the Products when you receive them for defects or damage. If you find a defect or damage you must tell us as soon as possible, by contacting the Publications Department. If the Products are found to be damaged or defective upon delivery to you, at our option we will repair or replace the Products or refund the price paid by you
11.2 At our request and direction you shall send to us the damaged or defective Products. We will check all Products returned as damaged or defective. In the event we find no fault we reserve the right not to refund you and to recover our fees and expenses from you.
- Cancellation & Returns
12.1 In the event you are not a Consumer cancellations and returns are at our sole discretion and provisional upon you indemnifying Darley Training for all costs and charges incurred by us in the original delivery of those Products and their subsequent return including any handling charges. Should you wish to return a Product please contact the Sales Department by telephone on 01424 429 222.
12.2 In the event you are a Consumer
12.2.1 Subject to 12.2.2 you have the right, in addition to your other rights, to cancel the Agreement and receive a refund. You must inform us in writing or by phone if you wish to cancel within seven working days, starting on the day after the Products are delivered to you (the ‘Cooling-Off Period’).
12.2.2 You may not cancel the Agreement if the Products delivered have been customised or personalised or, if the Products are CDs, DVDs, audio or video recordings or computer software, if they are unsealed, or, if you have already accessed Online Products.
12.2.3 If you cancel the Agreement within the Cooling-Off Period you are to return the Products to us in their original condition, undamaged and at your cost within 14 days of such cancellation. If you have not returned the Products within 14 days of cancellation we can collect the Products from you at your cost.
12.2.4 On cancellation of the Order we will refund you the price and any postal and packing charge paid by you to send the Products to you, less the direct cost of recovering the Products (where applicable), within a period of 30 days on and from the date of cancellation.
12.2.5 Your statutory rights are not affected.
12.3 If you contact us to return Products under Clauses 11 or 12 you shall provide your Order Number. We shall provide you with a Returns Number for Products to be returned.
12.4 Products returned should be packaged securely, clearly identified with a Returns Number and addressed to our Publications Department.
12.5 Any Products returned will be at your risk and we shall not be responsible for Products which are damaged or lost in transit.
- Intellectual Property
13.1 The names, images and logos identifying Darley Training are proprietary marks of Darley Training.
13.2 All other trademarks, brand names, product names and titles and copyright used in our website, our catalogue, or the Products, are trademarks, brand names, product names or copyrights of their respective holders.
13.3 No permission is given by Darley Training in respect of the use of any of them and such use may constitute an infringement of the holder’s rights.
13.4 Copyright subsists in our website, our literature (including Descriptions) and our Products. No part of our website, our literature (including Descriptions) or our Products may be reproduced in any form without our prior written consent.
14.1 Nothing in this Agreement is intended to limit liability for death or personal injury caused by our negligence.
14.2 Subject to clause 14.1 we shall not be liable to you:
14.2.1 For any indirect, special or consequential loss of any nature whatsoever; or
14.2.2 For any loss of profits, loss of income, other economic loss, loss of business, loss of contracts, loss of goodwill, loss of data, administrative inconvenience or disappointment.
14.2.3 Where performance of any obligation to you is prevented or impeded by any circumstance or cause beyond our reasonable control including without limitation strikes and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.
14.3 Subject to clause 14.1, our liability to you in contract, tort or otherwise is limited to the cost of replacing the Products ordered.
14.4 We do not accept liability for shortages in quantities delivered unless you notify us of any claim of short delivery of the Products within two working days of delivery. In such circumstances our liability shall be restricted to making good the shortfall.
14.5 We accept no liability for any reliance placed upon the contents of any Product supplied. The said material is intended for reference purposes only and is not intended, nor should it be used, as a substitute for professional advice and judgement or to provide legal advice with respect to particular circumstances.
15.1 By placing an Order you are allowing us to use your personal details for the purpose of supplying the Products (including passing your details on to couriers and other subcontractors).
16.1 A person who is not a party to this Agreement has no right under the UK Contracts (Rights of Third Parties) Act 1999 to enforce any term of this contract but this does not affect any right or remedy of a third party that exists or is available apart from that Act.
16.2 The headings in these Conditions are for convenience only and shall not affect their interpretation.
16.3 If any part of the Conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Conditions will not be affected.
16.4 The Agreement between us shall be governed by and interpreted in accordance with English law and the English courts shall have non-exclusive jurisdiction to resolve any disputes between us.
17.1 If you have a complaint please contact our Sales Department quoting, where applicable, the Order Number.
- How to contact us
You can contact our Sales Department by:
Phone: 01424 429 222
Post: 34 Cambridge Road, Hastings, East Sussex, TN34 1DT
Our office hours are 0900 – 1700 Monday to Friday excluding public holidays (in England and Wales)
Training Programmes & Courses –Terms and Conditions
- About these Terms and Conditions
1.1 These Terms and Conditions (the “Conditions”) form the whole of our ‘Agreement’ with you.
1.2 In these Conditions ‘we’ and ‘us’ means Darley Training Ltd (Registered Company Number 03734693) known as Darley Training; ‘you’ means the individual or organisation Booking a Course, Programme, Product, Service; ‘Booking’ means a request by you to book a Course or Programme with us; ‘Consumer’ means any natural person who, in contracts to which the Consumer Protection (Distance Selling) Regulations 2000 apply, is acting for purposes which are outside his business; ‘Course’ means a Darley Training course; ‘Credit Account’ means a pre-arranged credit account with us; ‘Delegate’ means an individual enrolled on a Course by you; ‘Equal Opportunities and Diversity Policy’ means our policy to ensure that no individual receives less favourable treatment than any other on the grounds of sex, race, colour, nationality, ethnic origin, religion/belief, age, marital status, sexual orientation, political belief, disability, irrelevant offending background or for any other reason which cannot be objectively justified; ‘Programme’ means [the programme comprising one or more Courses and other elements as described in the letter accompanying these Terms and Conditions] ‘Reasonable Adjustments’ means reasonable adjustments either in accordance with relevant equal opportunities legislation or as part of what we deem to be good practice.
1.3 These Conditions replace all other terms and conditions previously applicable and shall apply to any Booking to the exclusion of any other terms and conditions.
2.1 Subject to clause 2.2, you may make a Booking on line at www.darleytraining.co.uk, by telephoning our Course Bookings Department or by completing our Booking form, where applicable, and returning it post to our Course Bookings Department.
2.2 Booking a Course or Programme shall be regarded as an offer by you to book a Course, Programme under these Conditions.
2.3 As soon as reasonably practicable you shall provide us with the name of the Delegate(s) and any special requirements they may have particularly with regard to diet, mobility and access.
2.4 Substitution of a Delegate will be allowed up to the commencement of the Course or Programme without charge subject to clause 2.4.
3.1 Acceptance of your offer will take place on sending you written confirmation of your Booking. Our acceptance of your Booking brings into existence a legally binding Agreement between us.
3.2 Joining instructions will be forwarded to you prior to the Course or Programme start date. If you do not receive the joining instructions within 7 days prior to the Course or Programme start date you must notify us immediately.
4.1 A standard Course or Programme price is as listed in our published price list. We reserve the right to change prices listed without notice.
4.2 The price of a bespoke Course or Programme is as confirmed by us in writing.
4.3 Course or Programme prices do not include meals (unless we notify you otherwise), travel, accommodation, parking costs or any other cost incurred as a result of or in connection with a Course or Programme.
5.1 All payments must be made in UK sterling (GBP) and reference our invoice number where provided.
5.2 Other than where we agree to payment being made through an active Credit Account, payment must be received within 14 days of the date of our pro forma invoice or immediately if the Booking is made less than 21 days prior to the Course start date.
5.3 Where payment is to be made through a Credit Account, payment shall be made within 30 days of the date of invoice.
5.4 No payment shall be deemed to have been received until we have received cleared funds.
5.5 Without prejudice to any other right or remedy available to us if payment is not received when due we shall be entitled to:
5.5.1 Cancel the Agreement; and/or
5.5.2 Suspend the delivery of any other Course to you; and/or
5.5.3 Withhold the issue of any applicable Course certificate; and/or
5.5.4 Include interest on the amount outstanding from the date when such payment is due until the date of actual payment (both after as well as before judgment) at a rate per annum of 4 per cent above the base rate from time to time of Barclays Bank plc. If we must recover the outstanding payment recovery costs are to be paid by you.
5.6 Subject to clause 9 if the price of a Course is £1000 or more a non-refundable deposit of £100 is payable at the time of Booking.
6.1 If you wish to transfer to an alternative date for the same Course or Programme your request must:
6.1.1 Be received no less than 14 days before the original Course or Programme start date; and
67.1.2 State the date to which you wish to transfer to (which must be within twelve months of the original Course or Programme start date).
6.2 The transfer option set out in clause 7.1 can only be used once.
6.3 If you transfer to an alternative Course or Programme date you may not cancel your Booking under clause 8.
- Cancellation by you
7.1 In the event you are a Consumer:
7.1.1 You have the right to cancel the Agreement and receive a refund. You must inform us in writing if you wish to cancel within seven working days, starting on the day after the Agreement is concluded (the ‘Cooling Off Period’).
7.1.2 If the Course or Programme start date occurs within the Cooling Off Period your cancellation rights will end when the Course or Programme starts.
7.1.3 Your statutory rights are not affected.
7.2 Subject to clause 8.1, if you wish to cancel a Booking and your cancellation is received:
7.2.1 More than 14 days before the Course start date or, where you have booked a Programme, the start date of the first Course comprised within that Programme, we shall refund you the Course, Programme and/or Accommodation price (as applicable);
7.2.2 Between 14 and 7 days before the Course start date or, where you have booked a Programme, the start date of the first Course comprised within that Programme, we shall refund you 50% of the Course, Programme and/or Accommodation price (as applicable);
7.2.3 Less than 7 days before the Course start date or, where you have booked a Programme, the start date of the first Course comprised within that Programme, no refund shall be made.
- Cancellation by us
8.1 All Courses and Programmes are subject to availability and demand and it is your responsibility to confirm the status of a Course or Programme with our Course Bookings Department prior to the Course or Programme start date.
8.2 We reserve the right at any time:
8.2.1 To cancel Courses or Programmes and refund in full. No further liability will be accepted.
8.2.2 To vary Course or Programme dates, programmes, speakers and venues.
8.3 We shall endeavour to inform you as soon as possible of any Course or Programme cancellation or variation.
8.4 Although every effort has been made to ensure the accuracy of information contained within our literature and materials, including any Course or Programme description, we do not accept responsibility for any errors or omissions. We reserve the right to cancel any Booking for a Course, Programme where any such error or omission has occurred, even after we have accepted such a Booking.
9.1 Prior to a Delegate attending a Course or Programme it is your responsibility to bring these Conditions to their attention.
9.2 You agree to indemnify us in respect of any loss, damage or injury caused to the property of us, our employees or any third party by the conduct, act or omission of a Delegate.
9.3 Delegates shall be required to comply with all the rules, procedures, policies and guidelines in place at the Course venue and/or our premises, including but not limited to health and safety and security procedures and our ‘Dignity and Respect’ guidelines.
9.4 Delegates are not allowed to bring the following on to our premises.
9.4.1 Alcohol; or
9.4.2 Any object that could be used to threaten or injure another person (including any knife or other type of sharply bladed or pointed object or gun or other firearm).
9.5 If we consider that a Delegate is not adhering to our Equal Opportunities and Diversity Policy and/or our ‘Dignity and Respect’ guidelines such Delegate may, at our sole discretion, be required to leave the Course or Programme and our premises (if applicable) immediately. We shall not be liable for any refund or compensation in such circumstances.
9.6 If we consider that:
9.6.1 A Delegate is under the influence of drink or illegal substances, in possession of illegal substances, misusing legal substances, unsuitably dressed or behaving in a threatening, abusive or otherwise unacceptable manner; and/or
9.6.2 A Delegate is a risk to the health and well-being of themselves and/or others; and/or
9.6.3 A Delegate’s Course attendance times are unacceptable;
such Delegate shall be required to leave the Course or Programme and our premises (if applicable) immediately. Other than where a Delegate is required to leave for a reason outside their reasonable control, we shall not be liable for any refund or compensation in such circumstances.
9.7 Some of the training provided by Darley Training can be physically and/or mentally demanding. All Delegates must be capable of completing the training in that respect. We cannot be held responsible for any costs that may be incurred due to a Delegate being unable to complete training as a result of any inability on their part. Where there is any concern you should contact us and we will assess what reasonable adjustments may be made to assist you or your Delegate.
9.7.1 Prior to making a Booking it is your responsibility to ensure that a Delegate has the:
9.7.2 Physical ability; and/or
9.7.3 Communication skills; and/or
9.7.4 Literacy and/or numeracy skills;
that is/are required for a Delegate to attend and complete the Course or Programme on which they have been enrolled and for which we are not able to make Reasonable Adjustments.
9.8 If a Delegate does not possess the physical ability and/or the skills set out in clause 10.7 either
9.8.1 In our reasonable opinion; and/or
9.8.2 The Delegate’s opinion and we have not been able to make Reasonable Adjustments such Delegate shall be required to leave the Course or Programme and our premises (if applicable) immediately. We shall not be liable for any refund or compensation in such circumstances.
9.9 If you and/or a Delegate have any doubts relating to the physical ability of a Delegate, reference should be made to a medical doctor. The onus is entirely with you and/or the Delegate to ensure that the Delegate has the physical ability required to attend a Course or Programme.
9.10 Subject to clause 6.5.3, for those Courses where a Course certificate is ordinarily issued, a Course certificate shall be issued to a Delegate who has, in our opinion, successfully completed and attended any such Course and, if relevant, attained a sufficient level of competence.
9.11 You shall forward on any issued Course certificate to the applicable Delegate.
- Safeguarding Delegates
10.1 We are fully committed to the health and well being of all Delegates and have a policy in place to ensure the health and safety of all Delegates, which can be found on our website at ww.darleytraining.co.uk, or alternatively can be sent by post if requested. We also believe that every Delegate has the right to feel safe and free from any form of abuse. If you wish to discuss any concerns you or a Delegate have with a trained designated person then you can phone the National Construction College and ask to speak to a designated person. We have a policy in place which sets out our arrangements to safeguard all Delegates which can be found on our website at www.darley training.co.uk, or alternatively can be posted to you.
- Intellectual Property
11.1 The names, images and logos identifying Darley Training are proprietary marks of Darley Training.
11.2 All other trademarks, brand names, product names and titles and copyright used in our prospectus or the training material are trademarks, brand names, product names or copyrights of their respective holders. No permission is given by Darley Training in respect of the use of any of them and such use may constitute an infringement of the holder’s rights.
11.3 Copyright subsists in our literature (including our Course catalogue and training material) and no part of our literature may be reproduced in any form without our prior written consent.
12.1 Nothing in this Agreement is intended to limit liability for death or personal injury caused by our negligence.
12.2 Subject to clause 13.1 we shall not be liable to you:
12.2.1 For any indirect, special or consequential loss of any nature whatsoever; or
12.2.2 For any loss of profits, business, contracts, revenue, goodwill, contracts or anticipated savings or for any administrative inconvenience or disappointment.
12.3 Subject to clause 13.1, our liability to you in contract, tort or otherwise is limited to the Course and/or Accommodation price.
12.4 We accept no liability for any reliance placed upon the contents of any Course literature supplied. The said material is intended for reference purposes only and is not intended, nor should it be used, as a substitute for professional advice and judgement or to provide legal advice with respect to particular circumstances.
12.5 We shall not be liable for any loss or damage caused to a Delegate's vehicle on our premises unless caused by our wilful misconduct.
12.6 We shall not be liable to you and/or a Delegate for any loss or damage to property caused by an event outside our reasonable control (including the misconduct or negligence of another delegate) or where the Delegate remains in exclusive charge of the property concerned. Delegates are recommended to have insurance in place to cover loss, damage or theft of their personal effects and money.
12.7 We shall not be liable to you for any delay or for the consequences of any delay in performing our obligations under this Agreement if such delay is due to any cause or circumstance beyond our reasonable control (including without limitation strikes and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident) and we shall be entitled to a reasonable extension of time for performing such obligations.
- Data Protection
13.1 By booking a Course or Programme you consent to our processing the personal data you provide for the purposes set out in clause 14.3.
13.2 Where you provide us with an individual’s personal data you warrant and represent that you do so with their consent and that you have informed them of our identity and the purposes set out in clause 14.3 for which their personal data will be processed.
13.3 We may use the personal data you provide for the purposes of administration (including Delegate registration and recording of qualifications); statistical analysis; customer services and keeping you and/or a Delegate informed of our products and services and those of third parties which we think may be of interest to you (if you and/or a Delegate do not wish to be contacted in this way you and/or a Delegate can contact us at any time). We may need to share such personal data with associated bodies and service providers for these purposes.
13.4 We may disclose personal data in order to comply with a legal obligation.
14.1 Without waiver or limitation of any rights or remedies we shall be entitled to set-off any and all monies owed by us to you against any and all monies owed by you to us under this or any other contract.
14.2 A person who is not a party to this Agreement has no right under the UK Contracts (Rights of Third Parties) Act 1999 to enforce any term of this contract but this does not affect any right or remedy of a third party that exists or is available apart from that Act.
14.3 The headings in this Agreement shall not affect its interpretation.
14.4 If any part of this Agreement is held to be illegal or unenforceable (including any provision in which we exclude our liability to you) the validity and enforceability of any other part of the Agreement will not be affected.
14.5 The Agreement between us shall be governed by and interpreted in accordance with English law and the English courts shall have exclusive jurisdiction to resolve any disputes between us.
- How to contact us
15.1 You can contact our Course Bookings Department by telephone on 01424 429 222 or by post to:
Course Bookings Department
34 Cambridge Road
Our office hours are 0900 – 1700 Monday to Friday excluding public holidays (in England and Wales).