TALASEY LTD

TERMS AND CONDITIONS FOR TALASEY TRAINING ACADEMY TRAINING COURSES

CONTENTS

1. These terms
2. Information about us and how to contact us
3. Our contract with you
4. Our services
5. Your rights to make changes
6. Our rights to make changes
7. Providing the training courses
8. Your obligations
9. Your rights to end the contract
10. How to end the contract with us (including if you are a consumer who has changed their mind)
11. Our rights to end the contract
12. If there is a problem with the training course
13. Your rights in respect of defective training courses if you are a consumer
14. Your rights in respect of defective training courses if you are a business
15. Price and payment
16. Our responsibility for loss or damage suffered by you if you are a consumer
17. Our responsibility for loss or damage suffered by you if you are a business
18. How we may use your personal information
19. Other important terms
20. Course Vouchers
21. Merchant Promotion: Bring Three Get One Free
22. Equality and Diversity Policy

OUR TERMS

1. These terms

• 1.1 What these terms cover. These are the terms and conditions on which we provide training courses to you.
• 1.2 Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide training courses to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss your concerns.
• 1.3 Are you a business customer or a consumer? In some areas you will have different rights under these terms depending on whether you are a business or consumer. You are a consumer if:
• • 1.3.1 you are an individual; and
  • 1.3.2 you are buying training courses from us wholly or mainly for your personal use (not for use in connection with your trade, business, craft or profession).
• 1.4 If you are a business customer this is our entire agreement with you. If you are a business customer these terms constitute the entire agreement between us in relation to your purchase (subject to the application of condition 15.5). You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these terms and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this Agreement. Nothing in this condition shall exclude or limit our liability for fraudulent misrepresentation.
• 1.5 If you are a consumer, we intend to rely on these conditions and the order you place with us to purchase training courses. If you require any changes to these conditions (rather than the course itself, in which case please refer to condition 5), please make sure you ask for them to be put in writing. This can help avoid any problems about what you expect from us and what we expect from you.

2. Information about us and how to contact us

• 2.1 Who we are. We are TALASEY LTD a company registered in England and Wales. Our company registration number is 05158665 and our registered office is at Talasey House, Belton Road, Sandtoft, Doncaster, DN8 5SX.
• 2.2 How to contact us. You can contact us by telephoning our Talasey Training Academy (TTA) Customer Service team on 0330 353 0208, by email at training@talasey.co.uk or by writing to us at Talasey House, Belton Road, Sandtoft, Doncaster, DN8 5SX.
• 2.3 How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
• 2.4 “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.

3. Our contract with you

• 3.1 How we will accept your order. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us. Any order placed by you will be regarded as a contractual offer by you to purchase the training courses subject to these conditions.
• 3.2 If we cannot accept your order. If we are unable to accept your order, we will inform you of this in writing and will not charge you for the training course. This might be because, but is not limited to, the following reasons:
• • 3.2.1 a trainer is unavailable;
  • 3.2.2 there are unexpected limits on our resources which we could not reasonably plan for;
  • 3.2.3 if you are a business and we offer payment terms in accordance with condition 15.5, because a credit reference we have obtained for you does not meet our minimum requirements;
  • 3.2.4 we have identified an error in the price or description of the training course;
  • 3.2.5 we are unable to meet a deadline you have specified; or
  • 3.2.6 it is, in our reasonable opinion, impossible or unlikely that we will be able to deliver the training course, or it will be unduly onerous to do so, due to the occurrence of an event outside our control of which examples are set out in clause 7.3.1.
• 3.3 Your booking reference number. We will assign a booking reference number and tell you what it is when we accept your order. It will help us if you can tell us the reference number whenever you contact us about your order or a training course.
• 3.4 We only sell to the UK. The relevant parts of our website, prospectus or any other promotional material relating to the training courses is solely for the promotion of our training courses in the UK. Unfortunately, we do not accept orders from addresses outside the UK (which, for the avoidance of doubt, includes orders placed through our website and by email).

4. Our services

• Variation through pictures. The images of the services on our website, in our prospectus and any other promotional materials are for illustrative purposes only.

5. Your rights to make changes

• If you wish to make a change to the training course you have booked please contact us in writing. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the training course, the timing of the training course or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.

6. Our rights to make changes

• 6.1 Minor changes to the training courses. We may change the training course:
• • 6.1.1 to reflect changes in relevant laws and regulatory requirements;
  • 6.1.2 to change a particular trainer; and
  6.1.3 to implement minor technical adjustments and improvements. These changes will not affect your training course
• 6.2 More significant changes to the training courses and these terms. In addition, as we informed you in the description of the training course on our website, prospectus and/or marketing material, we may make the following changes to [these terms or] the training course, but if we do so we will notify you and you may then contact us to end the contract before the changes take effect and receive a refund for any training courses paid for but not received.

7. Providing the training courses

• 7.1 When we will provide the training courses. We reserve the right at any time to withdraw any training courses on offer to you in advance of the delivery of those training courses.
• 7.2 We are not responsible for delays caused by an event outside our control. If our supply of the training courses is delayed by an event outside our control, then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is substantial delay (beyond 14 days) you may contact us to end the contract and receive a refund for any training courses you have paid for but not received.
• 7.3 Examples of events outside our control. The following examples of events outside our control are not exhaustive (and in particular and for the avoidance of doubt, the provisions of condition 19.5 apply):
• • 7.3.1 governmental actions, war or national emergency, exceptionally adverse weather, acts of terrorism, protests, riot, civil commotion, fire, explosion, flood, epidemic, lock-outs, strikes or other labour disputes, delays affecting carriers or an inability or substantial delay in obtaining supplies of adequate or suitable materials.
• 7.4 Dates. The training courses will take place on the dates set out in the order on which we have notified to you.
• 7.5 Course benefits and results. We expect that you will have taken reasonable care to identify the training course that is appropriate for you and that meets your requirements. Unfortunately, we are unable to make any commitment or warranty that you will obtain any particular benefits or results from your attendance at the training courses. By entering into a contract with us, you acknowledge and understand that the training courses are for training purposes only and we cannot assume any liability or responsibility when you put any information that you may have learned on our training courses into practice.
• 7.6 We cannot accept any liability for your personal possessions (other than as otherwise set out in these terms and conditions, in particular, condition 16 if you are a consumer and condition 17 if you are a business) and it is your responsibility to ensure that any personal possessions that you bring with you to our training courses are kept safe by you.
• 7.7 For the avoidance of doubt, we cannot and do not assume any liability for any work carried out that may be undertaken as a result of any Training Course.
• 7.8 Due to the practical nature of our courses, you will be required to wear appropriate PPE and clothing and this will be advised to you in the joining instructions. We will provide gloves and eye protection for your use on the training course. If you fail to wear the appropriate PPE or clothing as advised to you in the joining instructions, we may, at our sole discretion:
• • 7.8.1 end the contract with you in accordance with the provisions of condition 11.1;
  • 7.8.2 require you to go home to get changed into the appropriate PPE and clothing; or
  • 7.8.3 offer you a place on the same course on a different day which is suitable for both you and us.
• 7.9 What will happen if you do not give required information to us. We may need certain information from you so that we can provide the training courses to you, for example: your personal details, the reason(s) you wish to take the course, whether you are enrolling on the course in relation to your business, trade or profession, or any other relevant information that we may require to deliver or improve our training courses. If so, this will have been stated in the description of the training courses on our website. We will contact you [in writing] to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and condition 11.2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for:
• • 7.9.1 supplying the training courses late;
  • 7.9.2 not supplying any part of them; or
  • 7.9.3 the relevant City & Guilds award (if any) being awarded to you,
  • 7.9.4 if this is caused by you not giving us the information we need within a reasonable time of us asking for it (or in the case of condition 7.8.3, if you have failed to provide the necessary information to City & Guilds to allow them to award the relevant qualification in accordance with the joining instructions.
• 7.10 Reasons we may suspend the supply of training courses to you. We may have to suspend the supply of a training course to:
• • 7.10.1 update the training course to reflect changes in:
  • • 7.10.1.1 industry standards;
    • 7.10.1.2 manufacture guidelines; or
    • 7.10.1.3 where the training course can be awarded with a qualification from City & Guilds, as required by City & Guilds;
  • 7.10.2 update the training course to reflect changes in relevant laws and regulatory requirements;
  • 7.10.3 make changes to the training course as requested by you or notified by us to you (see conditions 5 and 6 ); or
  • 7.10.4 account for the occurrence of an event beyond our control (see conditions 7.2 and 7.3).
• 7.11 Your rights if we suspend the supply of training courses. We will contact you in advance to tell you we will be suspending the provision of the training course, unless the problem is urgent, an emergency or an event beyond our reasonable control (see conditions 7.2 and 7.3). If we have to suspend the training course for longer than one month in any 12 month period we will adjust the price so that you do not pay for training courses while they are suspended (subject to the provisions of condition 7.2 where the course has been suspended pursuant to condition 7.9.4). You may contact us to end the contract for a training course if we suspend it, or tell you we are going to suspend it, in each case for a period of more than one month and we will refund any sums you have paid in advance for the training course in respect of the period after you end the contract.
• 7.12 We may also suspend supply of the training courses if you do not pay. If you do not pay us for the training courses when you are supposed to (see condition 15.4) and you still do not make payment within 7 days prior to the date the course is due to take place (unless you are a business with a credit facility in place pursuant to condition 15.5), we may suspend supply of the training courses until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the training courses. We will not suspend the training courses where you dispute the unpaid invoice (see condition 15.8). We will not charge you for the training courses during the period for which they are suspended. As well as suspending the training courses we can also charge you interest on your overdue payments (see condition 15.7).

8. Your obligations

• 8.1 You agree that you will comply with any reasonable instructions that may be given to you during your attendance at the training course, in addition to the following requirements. You must:
• • 8.1.1 arrive on time;
  • 8.1.2 sign a register for fire regulations;
  • 8.1.3 park in the dedicated parking bays for training course attendees;
  • 8.1.4 return all equipment to us at the end of each day of the course.
• 8.2 You agree that you will only use any course materials that are provided to you in connection with the training course and will not copy, modify or distribute any training information or course materials that may be provided to you.
• 8.3 You agree that we will retain ownership of all intellectual property rights (intangible rights which are a result of intellectual effort) in:
• • 8.3.1 the training courses and course materials;
  • 8.3.2 the Talasey website(s);
  • 8.3.3 any prospectuses relating to the training courses or course materials;
  • 8.3.4 any marketing materials relating to the training courses or course materials; and
  • 8.3.5 Talasey’s logos and other brand identifiers.

9. Your rights to end the contract

• 9.1 You can always end your contract with us. Your rights when you end the contract will depend on what you have purchased, whether there is anything wrong with the training courses, how we are performing, when you decide to end the contract and whether you are a consumer or business customer:
• • 9.1.1 If the training course is defective or misdescribed you may have a legal right to end the contract (or to be enrolled on another training course or to get some or all of your money back), see condition 13 if you are a consumer and condition 14 if you are a business;
  • 9.1.2 If you want to end the contract because of something we have done or have told you we are going to do, see condition 9.2;
  • 9.1.3 If you are a consumer and have just changed your mind about the training course, see condition 9.5. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions;
  • 9.1.4 In all other cases (if we are not at fault and you are not a consumer exercising your right to change your mind), see condition 9.4.
• 9.2 Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (e) below the contract will end immediately and we will refund you in full for any training courses which have not been provided and you may also be entitled to compensation. The reasons are:
• • 9.2.1 we have told you about an upcoming change to the training course or these terms which you do not agree to (see condition 6.2);
  • 9.2.2 we have told you about an error in the price or description of the training course you have ordered and you do not wish to proceed;
  • 9.2.3 the supply of the training courses has been significantly delayed because of events outside our control (see conditions 7.2 and 7.3);
  • 9.2.4 we have suspended supply of the training courses for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 2 weeks; or
  • 9.2.5 you have a legal right to end the contract because of something we have done wrong.
• 9.3 When consumers do not have a right to change their minds. Your right as a consumer to change your mind does not apply in respect of training courses once they have been completed, even if the cancellation period is still running.
• 9.4 How long do consumers have to change their minds? If you are a consumer how long you have to change your mind depends on what you have ordered and how it is delivered. If you have placed an order for a training course you have 14 days after the day we email you to confirm we accept your order. However, once we have delivered the training course you cannot change your mind, even if the period is still running. If you cancel after we have started the training course, you must pay us for the training course in full.
• 9.5 Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you are not a consumer who has a right to change their mind (see condition 9.1), you can still end the contract before it is completed, but you may have to pay us compensation. Our contract with you is completed when we have finished providing the services and you have paid all outstanding amounts owing to us. If you want to end a contract before the training course is completed where we are not at fault and you are not a consumer who has changed their mind, just contact us to let us know. The contract will end immediately and we will refund any sums paid by you for training courses not delivered, but we may deduct from that refund (or, if you have not made an advance payment, charge you) 20% of the course cost (including VAT) as compensation for the costs we will incur as a result of you ending the contract.

10. How to end the contract with us (including if you are a consumer who has changed their mind)

• 10.1 Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:
• • 10.1.1 Phone or email. Call TTA Customer Services on 0330 353 02080 or email us at training@talasey.co.uk. Please provide your name, home address, booking reference, details of the course ordered and, where available, your phone number and email address.
  • 10.1.2 Online. Complete the form available on our website.
  • 10.1.3 By post. Print off the form and post it to us at the address on the form. Or simply write to us at that address, including details of what you bought, when you ordered or received it and your name and address.
• 10.2 How we will refund you. If you are entitled to a refund under these terms we will refund you the amount you are entitled to, by the method you used for payment. However, we may make deductions from the price, as described below.
• 10.3 When we may make deduction from refunds if you are a consumer exercising your right to change your mind. If you are exercising your right to change your mind, we may deduct from any refund an amount for the supply of the training course(s) for the period for which it was supplied, ending with the time when you told us you had changed your mind. The amount will be in proportion to what has been supplied, in comparison with the full coverage of the contract. For the avoidance of doubt, if you order more than one training course at a time, there will be a separate contract in place between you and us for each of the training courses.
• 10.4 When your refund will be made. We will make any refunds due to you as soon as possible. If you are a consumer exercising your right to change your mind then we will refund you no later than 14 days from the date that we receive notice from you that you have changed your mind.

11. Our rights to end the contract

• 11.1 We may end the contract if you break it. We may end the contract for a training course at any time by writing to you if:
• • 11.1.1 you do not make any payment to us when it is due or within 7 days prior to the date the course is due to take place (subject to condition 15.5 if you are a business);
  • 11.1.2 you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the training courses;
  • 11.1.3 you have not provided the necessary information to allow City & Guilds to award the relevant qualification in accordance with the joining instructions and you do not, within a reasonable time of us asking for it, provide us with such necessary information;
  • 11.1.4 you do not arrive wearing appropriate PPE or clothing as advised to you in the joining instructions.
• 11.2 You must compensate us if you break the contract. If we end the contract in the situations set out in condition 11.1 we will refund any money you have paid in advance for training courses we have not provided but we may deduct or charge you 20% of the cost of the course (including VAT) as compensation for the net costs we will incur as a result of your breaking the contract.
• 11.3 We may withdraw the training course. We may write to you to let you know that we are going to stop providing the training course. We will let you know at least 7 days in advance of our stopping the supply of the training course and will refund any sums you have paid in advance for training courses which will not be provided.

12. If there is a problem with the training course

• 12.1 How to tell us about problems. If you have any questions or complaints about the training course, please let one of our staff know on the day.
• 12.2 After the event you can telephone our Customer Service team on 0330 353 0208 or write to us at training@talasey.co.uk or Talasey House, Belton Road, Sandtoft, Doncaster, DN8 5SX

13. Your rights in respect of defective training courses if you are a consumer

• 13.1 If you are a consumer we are under a legal duty to supply training courses that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the training courses. Nothing in these terms will affect your legal rights.

Summary of your key legal rights

This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.

As a training course is a service, the Consumer Rights Act 2015 says:

• • You can ask us to repeat or “fix” a service if it’s not carried out with reasonable care and skill, or get some money back if we can’t fix it.
• • If you haven’t agreed a price beforehand, what you’re asked to pay must be reasonable.
• • If you haven’t agreed a time beforehand, it must be carried out within a reasonable time.

See also condition 9.2.

14. Your rights in respect of defective training courses if you are a business

• 14.1 If you are a business customer we warrant that any training course shall:
• • 14.1.1 conform in all material respects with its description; and
  • 14.1.2 be provided with reasonable skill and care.
• 14.2 Subject to condition 14.3, if you tell us of any problems at the earliest opportunity during the training course and afford us an opportunity to remedy any issues, we shall, at our option, refund the price of the training course in full or in part.
• 14.3 We will not be liable for a training course’s failure to comply with the warranty in condition 14.1 if:
• • 14.3.1 you make any further use of the knowledge gained from the training course after giving us notice as noted above;
  • 14.3.2 the problem arises because you failed to follow our oral or written instructions; or
  • 14.3.3 the problem arises as a result of us following any requests made by you.
• 14.4 Except as provided in this condition 14, we shall have no liability to you in respect of a failure to comply with the warranty set out in condition 14.1.
• 14.5 These terms shall apply to any replacement training courses supplied by us under these conditions.

15. Price and payment

• 15.1 Where to find the price for the training course. The price of the training course (which includes VAT) will be the price indicated on the order pages when you placed your order or given to you by one of our Customer Service team. We use our best efforts to ensure that the price of the training course advised to you is correct. However please see condition 15.3 for what happens if we discover an error in the price of the training course you order.
• 15.2 We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the training course, we will adjust the rate of VAT that you pay, unless you have already paid for the training course in full before the change in the rate of VAT takes effect.
• 15.3 What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the training courses may be incorrectly priced. We will normally check prices before accepting your order so that, where the training course’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the training course’s correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order.
• 15.4 When you must pay and how you must pay. We accept payment by credit or debit card, cheque (made payable to Talasey Limited) or by direct bank payment. Please ask one of our Customer Service team for details. When you must pay depends on what training course you are buying:
• • 15.4.1 you must pay in full for the training courses before we provide them. We will charge your credit or debit card on the day we confirm acceptance of your order if you choose to pay by card; or
  • 15.4.2 if making payment by cheque, this will need to be received 5 working days prior to the course start date to ensure cleared funds. If the funds are not cleared, we will require payment by credit or debit card or cash at the earliest opportunity, and in any case, before we deliver the course to you.
• 15.5 If you are a business customer and have a credit facility with Talasey Ltd, upon receipt of a valid purchase order number from you, we will invoice your account with the full amount due. Payment will be due under our standard terms of trade.
• 15.6 Our right of set-off if you are a business customer. If you are a business customer you must pay all amounts due to us under these terms in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
• 15.7 We can charge interest if you pay late. If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 8% a year above the base lending rate of the Bank of England from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
• 15.8 What to do if you think an invoice is wrong. If you think an invoice is wrong please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.

16. Our responsibility for loss or damage suffered by you if you are a consumer

• 16.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
• 16.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the training courses as summarised at condition 13.1.
• 16.3 When we are liable for damage to your property. If we are providing training course at your property, we will make good any damage to your property caused by us while doing so. However, we are not responsible for the cost of repairing any pre-existing faults or damage to your property that we discover while providing the services.
• 16.4 We are not liable for business losses. If you are a consumer we only supply the training courses to you for domestic and private use. If you use the training courses for any commercial, business or re-sale purpose our liability to you will be limited as set out in condition 17.

17. Our responsibility for loss or damage suffered by you if you are a business

• 17.1 Nothing in these terms shall limit or exclude our liability for:
• • 17.1.1 death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);
  • 17.1.2 fraud or fraudulent misrepresentation;
  • 17.1.3 breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982;
  • 17.1.4 defective training courses under the Consumer Protection Act 1987; or
  • 17.1.5 any matter in respect of which it would be unlawful for us to exclude or restrict liability.
• 17.2 Except to the extent expressly stated in condition 14.1 all terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982 are excluded.
• 17.3 Subject to condition 17.1:
• • 17.3.1 we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us; and
  • 17.3.2 our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the total sums paid by you for training courses under such contract.

18. How we may use your personal information

• How we will use your personal information. We will only use your personal information as set out in our privacy policy.

19. Other important terms

• • 19.1 We may transfer this Agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will contact you to let you know if we plan to do this. If you are unhappy with the transfer you may contact us to end the contract within 7 days of us telling you about it and we will refund you any payments you have made in advance for training courses not provided.
  • 19.2 You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing. We may not agree if, for example, the course has already been completed.
  • 19.3 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms, except as explained in condition 19.2. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.
  • 19.4 A reference to a statute or statutory provision:
  • • 19.4.1 shall include all subordinate legislation made from time to time under that statue or statutory provision; and
    • 19.4.2 is a reference to it as amended, extended or re-enacted from time to time
  • 19.5 Any words following the terms including, include, in particular, for example, or any similar expression shall be construed as illustrative only and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.
  • 19.6 If a court finds part of this contract illegal or unenforceable, the rest will continue in force. Each of the conditions in these terms and conditions operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining conditions will remain in full force and effect.
  • 19.7 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the training courses, we can still require you to make the payment at a later date.
  • 19.8 Which laws apply to this contract and where you may bring legal proceedings if you are a consumer. These terms are governed by English law and you can bring legal proceedings in respect of the training courses in the English courts. If you live in Scotland you can bring legal proceedings in respect of the training courses in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the training courses in either the Northern Irish or the English courts.

• 19.9 Alternative dispute resolution if you are a consumer. Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are a consumer and are not happy with how we have handled any complaint, you may want to contact the alternative dispute resolution provider we use. You can submit a complaint to the ADR Group via their website at www.consumer-dispute.co.uk. The ADR Group will not charge you for making a complaint and if you are not satisfied with the outcome you can still bring legal proceedings. In addition, please note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform.
• 19.10 Which laws apply to this contract and where you may bring legal proceedings if you are a business. If you are a business, any dispute or claim arising out of or in connection with a contract between us or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales and the courts of England and Wales shall have exclusive jurisdiction to settle any such dispute or claim.

20. Course Vouchers

From time to time, TALASEY LTD may offer a Course Voucher promotion and the following terms will come into force at the start of the promotion:

• 20.1. Course Vouchers are given entirely at the discretion of TALASEY LTD.
• 20.2. Course Vouchers are not earned or available to purchase or redeemable for cash or transferrable to another individual or organisation.
• 20.3. Course Vouchers can only be redeemed as part payment of a TALASEY LTD training course as listed on the Talasey Training Academy’s website, and the balance of the payment must be paid in full at the time the Course Voucher is being redeemed.
• 20.4. Only one Course Voucher at a time can be redeemed against the purchase of a training course.
• 20.5. Course Vouchers cannot be used in conjunction with any other offer or promotion.
• 20.6. Course Vouchers are individually numbered and recorded with an expiration date.
• 20.7. A Course Voucher must be redeemed on or before the expiration date and must be used for the purchase of a training course that is due to be delivered on or before the Course Voucher expiration date.
• 20.8. Should a Course Voucher be redeemed according to the expiration date terms and conditions, but the course delivery date is changed by TALASEY LTD, the redemption will still be valid.
• 20.9. A Course Voucher cannot be applied to a course booking that has already been paid for.
• 20.10. If a Course Voucher is redeemed according to the applicable terms and conditions and the delegate requests to change the date of their booked course to a date which falls after the Course Voucher expiration date, TALASEY LTD reserve the right to require the Course Voucher amount to be paid in full seven days before the course date.
• 20.11. TALASEY LTD are not responsible if a Course Voucher is lost, stolen, destroyed or used without permission and no replacement will be provided in these circumstances.

21. Merchant Promotion: Bring Three Get One Free

From time to time, TALASEY LTD may offer a “Bring Three Get One Free” promotion to Merchants and the following terms will come into force at the start of the promotion:

• • 21.0. The promotion permits one free of charge place for one Merchant staff member when the Merchant brings three of their Trade Customers to the same course on the same date, and when the three Trade Customers pay the full price of the course in advance of the course date.
  • 21.1. The promotion excludes the course for the “Basic site setting out and preparation for domestic landscaping projects”.
  • 21.2. The Merchant staff member will not be eligible for the City and Guilds certification. Under some circumstances, where the Merchant staff member can provide evidence of prior practical experience in the landscaping industry, this may be permitted.
  • 21.3. The following details of the three Trade Customers must be provided to Talasey Ltd in advance of the course:
    • Full Name
    • Company Name and Address (if applicable)
    • Date of Birth (for City and Guilds certification purposes)
    • Email address
    • Contact Telephone Number
  • 21.4. The incentive may be subject to an expiration date. Advise will be given at the point of enquiry.
  • 21.5. The incentive cannot be used in conjunction with any other offer or promotion.

• 21.6. TALASEY LTD reserve the right to withdraw any training courses on offer in advance of the delivery of those training courses for any reason. Should this situation occur, best efforts will be made to accommodate the delegates on an alternative course and / or course date.
• 21.7. This and any other Merchant promotion is given entirely at the discretion of TALASEY LTD.

22. Equality and Diversity Policy
Introduction
The Talasey Training Academy (TTA) celebrates and values the diversity brought to it by all those individuals who work and learn here and believes the training offered will benefit from attracting delegates and staff from a variety of backgrounds. The principles of equality and diversity and are supported by appropriate policies, procedures and good practice.

• 22.1. Policy
  This policy applies to all individuals involved with the training; including staff, delegates, individuals contracted to provide services and visitors to our premises.
  This policy covers equality and diversity in relation to the protected characteristics as described by the Equality Act 2010. These are: age, disability, gender, marriage and civil partnership, pregnancy and maternity, race, religion and belief and sexual orientation.
  This policy operates in accordance with legislation and other Talasey Limited Policies.
  TTA will ensure its policies, procedures and practices comply with relevant legislation.
• 22.2. Aims
  • To ensure that all individuals are treated fairly and with dignity and respect.
  • To create and promote an inclusive and positive culture and environment, fostering good relations and challenging and preventing prejudice, discrimination and harassment.
  • To enable all individuals to achieve their full potential, to contribute fully and derive maximum benefit and enjoyment from their involvement in the training programs.
  • To promote awareness, understanding and involvement in equality and diversity matters among staff and delegates.
• 22.3. Responsibility
  All individuals are responsible for upholding the aims and spirit of the policy.
• 22.4. Implementation and Monitoring
  • In monitoring and progressing the policy, the TTA will:
    • consult employees, delegates and other stakeholders.
    • take into account any relevant information from internal or external sources.
  • The TTA, shares responsibility for the successful application of this policy, with specific responsibility on managers and advisors who are professionally involved in staff and delegate support, development and supervision.
  • The TTA will provide equality and diversity training and events for all individuals.
  • The TTA will seek to ensure that all individuals have equal access to all facilities. Adjustments to working and learning practices are considered wherever reasonably possible in order to accommodate a more diverse community.
  • An annual report will be provided to the Managing Director and the senior management team.
• 22.5. Unacceptable Actions and Behaviour
  • This policy aims to ensure equality of opportunity and fair treatment for everyone. It is based on the principle that people have the right to their own beliefs and do not engage in activities or acts which interfere with the rights or beliefs of others.
  • Any attempt to coerce or threaten others to comply with a particular belief system (e.g. through unauthorised distribution of literature, threats or offensive remarks) may result in disciplinary action.
• 22.6. Complaints
  • Any form of bullying, harassment or victimisation of any individual will not be tolerated. Allegations will be taken seriously and dealt with appropriately under the relevant procedure.
  • Any member of staff or delegates found guilty of unlawful discrimination or harassment will be subject to disciplinary action including, where appropriate, dismissal /removal for gross misconduct.
  • Appropriate action will be taken against any member of the public, visitor or service provider involved in unlawful discrimination or harassment.

Legal Framework
The Equality Act 2010
Employment Equal Treatment Framework Directive 2000
Equal Treatment Directive 2006
Human Rights Act 1998