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Terms & Conditions

TERMS AND CONDITIONS

1. The below document ('the agreement') sets out the terms upon which Advanced Safety Group Ltd shall supply and the purchaser shall purchase.

2. Advanced Safety Group Ltd and the purchaser shall agree times and places for the performance of services, these will usually be set out in the relevant course booking details and or correspondence. Otherwise, Advanced Safety Group Ltd shall use all reasonable endeavours to perform said services within a reasonable time frame under normal operating conditions.

3. Failure of Advanced Safety Group Ltd to notify of any delay shall not allow the purchaser to terminate the contract and/or withhold any payments against an Advanced Safety Group Ltd invoice. Only upon prior written agreement with Advanced Safety Group Ltd, the purchaser shall not be able to cancel any order of services once the first instance of a service has been performed Advanced Safety Group Ltd.

4. Advanced Safety Group Ltd reserves the sole right to request payment in advance of services through an Advanced Safety Group Ltd pro-forma invoice.

5. Advanced Safety Group Ltd at it's sole discretion reserves the right to request suitable credit references or other proof of credit worthiness prior to supply of services.

Eligibility for Training Courses and Outcomes for Training Courses

  1. It is the purchaser’s (individual or employer’s) responsibility to ensure that students are free from any condition which would affect their capability to undertake their chosen course. Advanced Safety Group Ltd welcomes students with disabilities and makes provision for assistance with their learning (reasonable adjustments), but it remains their employer’s responsibility to ensure that they are appropriately supported in their workplace. Advanced Safety Group Ltd must be notified in advance if any reasonable adjustments need to be made. If Advanced Safety Group Ltd decides that a student has not achieved the learning outcomes of the course and/or the regulated assessment standard after the trainer has made adjustments & offered additional training to support the student (i.e. they are referred), then the purchaser and or student cannont hold Advanced Safety Group Ltd accountable. Regulated qualifications must be assessed to strict outcomes which Advanced Safety Group must adhere to and as such attendance on a course does not equal a ‘guaranteed pass’. Students must meet the assessment criteria with or without reasonable adjustments if deemed necessary. Under these circumstances no refund of the course fees will be given as it is the purchaser’s responsibility to ensure they themselves or their staff are able to undertake a regulated course and meet its requirements.
  2. To be eligible to attend an HSE two-day Requalification course for the 3-Day FAW, students must present a valid First aid at work certificate on commencement of the course. If a valid in date First Aid at Work certificate (or one within one month of elapsement) is not provided at the onset of the course, then Advanced Safety Group Ltd reserves the right to refuse entry to the course in-line with strict awarding body criteria. At this point course fees are still payable and/or non-refundable will be given.
  3. The purchaser (individual or the employer) acknowledges that if a student arrives late for a course or is absent from any session that Advanced Safety Group Ltd has sole discretion and right refuse entry of the student onto the course. This will be the sole discretion of Advanced Safety Group Ltd if it decides the student has missed too much and will not achieve the required knowledge or skill in the remaining course time. In all of these cases, full course fees remain payable and/or non-refundable. To conform with Health and Safety Executive (HSE) requirements for statutory certificates, attendance at all sessions is mandatory.

Terms of Payment

  1. Unless subject to separate agreed arrangements, the Purchaser shall pay Advanced Safety Group within 30 days of the date of an Advanced Safety Group Ltd invoice. Unless otherwise agreed with Advanced Safety Group Ltd or required by law, the purchaser shall not be entitled to make any set off in respect of amounts due to Advanced Safety Group Ltd. All course fees are subject to the current rate of VAT (valid exemptions only). If purchasing directly through the website, only upon clearance of funds is the course place secured.

Confidentiality

  1. Each party both Advanced Safety Group and the purchaser agree that any and all information collated during the contract including that of payment information and Advanced Safety Group Ltd supply terms remain confidential indefinintely. No information can be disclosed for any reason including that of marketing unless express written permission is obtained from Advanced Safety Group Ltd prior to any disclosure. Each party will take all reasonable steps to ensure that their employees, agents and sub-contractors keep any confidential information confidential.

Data Protection (GDPR)

  1. As a UK based business, our handling of your information is controlled by the UK Data Protection Act 1998 also known as GDPR. We, therefore, take great care to protect your personal information or anything which might identify you personally such as: First name, last name, date of birth, email address, delivery address, organisational information. Advanced Safety Group Ltd will process any personal data in compliance with the law and according to GDPR. Advanced Safety Group Ltd will only ask for data that is required to successfully provide our services and this will be deleted as soon as it is no longer required. Purchasers have the right to request at any time the data that we hold on them. Advanced Safety Group and the purchaser are under no circumstances allowed to transfer data to another party without express written permission from Advanced Safety Group Ltd/the purchaser. 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.

Force of Nature

  1. Neither Advanced Safety Group or the purchaser can hold either liable to the other for any failure, delay, consequences of any failure for serivces and/or delays due to any event beyond the reasonable control this includes but is not limited to, acts of God, war, industrial disputes, protests, fire, flood, storm, tempest, explosion, an act of terrorism and/ or national emergencies.

Warranties

  1. Advanced Safety Group Ltd will provide services with the utmost skill and due diligence that is to be expected of of a regulated trainer. If any services performed are sub-standard through neglect of Advanced Safety Group than Advanced Safety Group will make good the performed by re-performing the service or refund the purchaser for the cost of the course. Deficient performance must be proved to the reasonable satisfaction of Advanced Safety Group Ltd. However, this does not apply under the below circumstances:- if service was sub-standard due to incorrect information being supplied to Advanced Safety Group prior to the serivce being performed, the purchaser did not notify Advanced Safety group of the sub-standard serivce within 14 days of supply (Consumer Protection Distance Selling Regulations 2000), if the consumer/purchaser cancels after 14 days of purchase, unless in the case of a late booking where this will expire on the date services are implemented.
    If there is a request to amend services or to cancel services, the following fees may be applied:

In the case of a request to transfer:

(a) If more than 4 weeks before the commencement date: First transfer is at no charge, a subsequent transfer is set at 25% of amount charged.

(b) If between 2-4 weeks before the commencement date: 25% of amount charged.

(c) If less than 2 weeks before commencement date: 50% of amount charged.

In the case of a request to cancel:

(a) If more than 4 weeks before commencement date: full refund given

(b) If between 2-4 weeks before commencement date: 50% of amount charged

(c) If less than 2 weeks before commencement date: 100% of amount charged

  1. In all cases, notice of cancellation must be confirmed in writing addressed to the contact details on the booking confirmation email, a verbal notification of cancellation will only be accepted if immediately followed by a written email confirmation.

Liability

  1. This contract does not exclude or limit the liability of either party for death or personal injury caused as a result of its negligence, or for fraudulent misrepresentation; or in respect of the implied warranties contained in the Supply of Goods and Services Act 1982.

Disputes

  1. In the event of a dispute concerning the goods or services, the parties shall use all reasonable means to resolve it as soon as practicable. If they fail to do so within 14 days, the parties shall try to agree on and implement a method of dispute resolution. If they fail to agree to such method within 14 days, the parties confirm that the dispute will then become subject to the exclusive jurisdiction of the English courts.

Termination

  1. Termination of this Agreement is without prejudice to the rights, duties and liabilities of either party prior to termination.

Assignment

  1. Neither party is entitle to transfer any of its rights or obligations without the prior written agreement of the either party (which cannot be unlawfully withheld/delayed).

Waiver

  1. No failure or delay by a party to exercise any right or remedy will operate as a waiver of it and nor will any partial exercise preclude any further exercise of the same.

Invalidity/Severability

  1. If any clause or part of this Agreement is found by any court/adminstrative body/authority/tribunal of a relevant English jurisdiction to be invalid/unenforceable/illegal that this will be removed from the agreement but will not invalidate any other lawful clause which will remain in full effect.

Entire Agreement

  1. The terms and conditions set out above and the agreement which they form contain all terms that both parties agree to operate in terms of the relevant purchase/supply. This statement does not exclude an liability for fraudulent misrepresentation.

Compliance with Laws and Regulations

  1. Both parites/sub-contractors will observe and abide by all regulations, laws and by-laws that apply to the service agreed

 

Governing Law and Jurisdiction

  1. This site is operated and controlled from the United Kingdom and these Terms along with 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.

Fair processing

  1. All information that Advanced Safety Group holds on individuals/companies with be held solely by and processed by Advanced Safety Group Ltd in accordance with GDPR.

Protection Act 1998.

  1. Data gathered on the purchaser/learners will be used soley to operate our relationship with you as customer and to certify your staff with the relevant awarding body e.g FAA. The data required by the awarding body is as follows: first name, last name, date of birth. There will be no transfer of information beyond this.
    1. Any individual who has purchased/attended a course with Advanced Safety Group Ltd As may request any information we hold on them under the Data Protection Act 1998 and and legislation in accordance with GDPR.

    37. Should you have any queries concerning this right, please contact our office at office@advancedsafetygroup.co.uk who will assist you in your concern.