Important notice: Please read carefully before buying training courses or accessing or downloading any training materials from this website.
This is a legal agreement between you (Licensee or you) and Floorskills LTD of Unit 2 Lyndons Farm, Poolhead Lane, Earlswood, Solihull, B945ES (Licensor or we) for your purchase of Floorskills training courses and training materials (“Training Courses” and “Training Materials” respectively), which includes printed materials and online documentation (Documentation).
By clicking on the “purchase” button on your event page, you agree to these terms which will bind you and (if you are an employer) your employees. If you do not agree to these terms, we shall not sell Training Materials or Documentation to you and you must discontinue the purchasing process now.
1. THE PRODUCT – A DESCRIPTION
We describe our products as:
Please note that we reserve the right to change the course content of any Training Course at any time and without notice.
2. THE SALE
The purchase of Training Courses and Training Materials are subject to the following:
Method of Delivery for Training Courses: once your registration for a Training Course has been successfully processed, you will receive an email confirming your booking, name of the course, course timing, and location of delivery.
3. THE LICENCE
4. LICENSEE’S UNDERTAKINGS
Except as expressly set out in this Licence you undertake (and you undertake to procure that your employees or any other delegate attending a Training Course on your behalf or on your account so undertakes):
5. TRANSFERS AND CANCELLATION OF TRAINING COURSES
Delegates may transfer their registration for one course to another course up to 21 working days prior to the original course date. Once a delegate has transferred no refunds can be made for the cancellation of either course. Only one transfer by any delegate may be made.
If you cancel a Training Course: – all cancellations must be made within 14 days from entering into a service contract (from the date of booking and deposit or payment made). Only transfers can be made after the 14 day period has lapsed.
As a consumer, if you change your mind about a course you purchased online or at a distance, you have 14 days from entering into a service contract in which you can cancel it. This right under the Consumer Contracts Regulations applies regardless of whether the course will be taken online or in person.
We will only accept cancellations that are made in writing.
If a delegate fails to attend a Training Course, full payment will be required.
Refund Policy: If the refund is approved by the Licensor, it will be made through the original mode of payment only. No refunds shall be given for the cancellation of Distance Learning, Blended Learning and ELearning courses no matter when cancellation is notified to us.
If we cancel a Training Course or change course content: – we reserve the right to cancel a Training Course at any time, without incurring any additional liability to the Licensor or any delegate. In such circumstances, we will offer alternative dates, a full refund or a credit note.
Cancellation due to unrest, natural disaster and circumstances out of our control will result in offering a transfer of training dates only.
6.1 With regard to any materials that the Licensee may produce to the Licensor during a Training Course pursuant to the curriculum of that Training Course (the “Projects”), The Licensor shall:
6.2 The Licensor shall procure that the obligations in clause 6.1 are observed by its employees, officers and agents.
6.3 The Licensor shall notify the Licensee immediately if it becomes aware of any disclosure in breach of the obligations in this clause 6. At the request of the Licensee, the Licensor will take all such steps as are necessary to prevent further disclosure.
6.4 The provisions of this clause 6 shall not apply to:
6.5 The provisions of this clause 6 shall be deemed effective from the date first presentation of a Project was made to the Licensor and shall remain in full force and effect for 10 years from that date.
7. INTELLECTUAL PROPERTY RIGHTS
You acknowledge that all intellectual property rights in the Training Materials and the Documentation anywhere in the world belong to the Licensor, that rights in the Training Materials and the Documentation are licensed (not sold) to you, and that you have no rights in, or to, the Training Materials or the Documentation other than the right to use them in accordance with the terms of this Licence.
8. LICENSOR’S LIABILITY
Nothing in this Licence shall exclude or in any way limit the Licensor’s liability for fraud, or for death or personal injury caused by its negligence, or any other liability to the extent that it may not be excluded or limited as a matter of law.
The Licensor shall not be liable under, or in connection with, this Licence or any collateral contract for:
Subject to what is provided above, the Licensor’s maximum aggregate liability under or in connection with this Licence, or any collateral contract, whether in contract, tort (including negligence) or otherwise, shall be limited to a sum equal to £500.
The Licensor’s liability for infringement of third-party intellectual property rights shall be limited to breaches of rights subsisting in the UK.
These terms set out the full extent of the Licensor’s obligations and liabilities in respect of the supply of the Training Courses, Training Materials and Documentation. There are no conditions, warranties, representations or other terms, express or implied, that are binding on the Licensor except as specifically stated in this Licence.
9. TERMS OF PAYMENT
Payment can only be made using an authorised credit card at the time of the transaction on our website, Receipts for payment are provided in electronic format.
Payments and bookings can be made over the phone and able to pay by Card, Bacs or Cheque.
We take reasonable measures to ensure that our website is a secure site. Please see the terms and conditions of use on our website concerning access to it and use of the facilities on it. We take all necessary steps to ensure that any information provided by you for the purposes of payment will be kept secure.
Invoices payment terms are 30 days from date of invoice or at least 7 working days before the start of the course, whichever is sooner. A deposit is required to reserve your booking.
If any information that you have given to us proves to be incorrect, which has resulted in our not charging you the correct fee for the courses that you are buying, we reserve the right to adjust the fee (upwards or downwards) so that it is the correct fee for your circumstances.
Late Payment – If the Buyer fails to pay the Company any sum due pursuant to the Contract, the Buyer shall be liable to pay interest to the Company on such sum from the due date for payment at the annual rate of 8% above the base lending rate of the Bank of England accruing on a daily basis until payment is made. The customer shall be liable to pay all costs, fees, disbursements and charges including legal fees and costs reasonably incurred by the client in the recovery of any unpaid invoices regardless of the value of the claim.
The Licensor may terminate this Licence immediately by written notice to you if:
Upon termination for any reason:
11. TRANSFER OF RIGHTS AND OBLIGATIONS
This Licence is binding on you and us, and on our respective successors.
You may not transfer, assign, charge or otherwise dispose of this Licence, or any of your rights or obligations arising under it, without our prior written consent.
We may transfer, assign, charge, sub-contract or otherwise dispose of this Licence, or any of our rights or obligations arising under it, at any time during the term of the Licence.
If we fail, at any time during the term of this Licence, to insist upon strict performance of any of your obligations, or if we fail to exercise any of the rights or remedies to which we are entitled, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
A waiver by us of any default shall not constitute a waiver of any subsequent default.
No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
Any notice required or permitted to be given by either party to the other under these terms shall be in writing.
If any provision of these terms is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these terms and the remainder of the provision in question shall not be affected thereby.
[The terms are governed by the laws of England and the parties submit to exclusive jurisdiction of the courts of England.]
14. DISTANCE SELLING REGULATIONS
The provisions of Regulation 13(1) of The Consumer Protection (Distance Selling) Regulations 2000 (“the Regulations”) shall apply where the purchase to which these Conditions apply is made by a Buyer who is a consumer (being someone purchasing Publications outside the course of a business) who will therefore not be able to cancel this Contract under Regulation 10 of the Regulations once the Buyer has with the consent of the Seller commenced performing the Contract by starting to download a Publication.
15. ENTIRE AGREEMENT
These terms and any document expressly referred to in them represent the entire agreement between us in relation to the purchase of Training Courses, Training Materials and Documentation and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
We each acknowledge that, in entering into these terms, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to entering into these terms, except as expressly stated in these terms and conditions.
Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of entering into these terms (unless such untrue statement was made fraudulently) and the other party’s only remedy shall be for breach of contract as provided in these terms and conditions.
16. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
We have the right to revise and amend these terms and conditions from time to time.
FloorSkills, Lyndons Farm, Poollhead Lane, Earlswood, Solihull, B94 5ES