DEFINITIONS
“Agreement” means these terms and conditions and (depending on the type of Training Service) (i) the Booking Form, (ii) the Proposal or (iii) the Email.
“Training Services” means any service provided by 2B Trained.
“Booking” means the booking request, via email, website, phone or booking form, to 2B Trained from the Client or Delegate.
“Charges” means the charges for the Training Services set out in the Booking Form, Proposal or Email. The charges are set in pound sterling.
“The Client” means the company, individual or other organisation identified in a Booking Form, Proposal, Quotation or Email.
“Clause” means a clause in these terms and conditions.
“Delegate” means the member of the Client’s staff or individuals who are to receive the Classroom Training Services as set out in the Booking Form, Proposal or Email.
“Learner” means the member of the Clients staff or individuals who are to receive the Vocational Training Services as set out in the Booking Form, Proposal or Email.
“Expenses” means the expenses incurred in respect of travel and accommodation wholly and necessarily for the purposes of the Agreement as may be identified in a Proposal.
“2B Trained” means 2B Trained (hereafter called The Company)
“Personal Data” means the data which relates to a living individual who can be identified from that data or from that data and other information and which is provided to 2B Trained by the Client. All personal data is stored securely.
“Proposal” means the proposal for Training Services accompanying these terms and conditions.
“The Trainer” means the person delivering the Classroom Training Service.
“The Assessor” means the person delivering and assessing the Vocational Training Service.
“The Training Location” means the place at which the Classroom Training is to be held.
“Classroom Training” means the delivery of a course either online via Video Conferencing software, in a Training Room or at the Clients offices as set out in the Booking Form, Proposal or Email.
“Vocational Training” means the NVQ, Programme or Apprenticeship set out in the Booking Form, Proposal or Email.
“eLearning” means the eLearning course purchased from the Company by the Client.
“Booking Form” means the online or offline booking system.
GENERAL TERMS APPLICABLE TO ALL TRAINING SERVICES
1.5.1 Charge interest at the statutory interest rate specified in the Late Payment of Commercial Debt (interest) Act 1998; and/or at a rate of 8%.
1.5.2 Suspend supply of the Training Services by notice in writing until such time that full payment is received (unless otherwise agreed).
1.5.3 Delay the release of certificates.
1.5.4 The Delegate may not be able to attend the course.
1.5.5 In the event that the Company seeks legal advice to recover any debt, all legal fees will be chargeable to the Client. Should the matter be issued at County Court interest applies at a daily rate of 8% and court issue fees and other court fees will be recoverable and payable.
CLASSROOM TRAINING TERMS AND CONDITIONS
2. AMENDMENTS, TRANSFERS AND CANCELLATIONS
2.1 Up to 24 hours before the Classroom Training is due to commence, the Company may by notice in writing or telephone, alter the Training Location provided that the new location is a suitable alternative.
2.2 Up to 24 hours before the Classroom Training is due to commence, the Company may, by notice in writing or telephone, alter the Training delivery method from face to face to online via Video Conferencing Software, or vice versa, provided that there is a significant reason. i.e. tutor illness, facility issue affecting delivery, national pandemic/situation.
2.3 A 24-hour cooling-off period will apply to all bookings where the course is 7 days or more from the booking being received, during this time transfers and cancellations are free of charge but must be notified in writing as per 2.8.
2.4 If the Client wishes to cancel a booking after the cooling-off period, the Company reserves the right to charge a cancellation fee in respect of the booking:
2.5 If a Client wishes to alter a booking or transfer to an alternative course the Company reserves the right to charge an administration or transfer fee:
2.6 A transfer can only be made where the Delegate or Client can specify the new course they wish to attend, transfers cannot be made if the new course is yet to be confirmed.
2.7 The Company reserves the right to cancel, alter or rearrange courses without liability and as they deem necessary. In such an event, attendees will be offered alternative courses. A full refund will be offered if the Company fails to offer a suitable alternative course, venue or course delivered via video conferencing software.
2.8 Notification of any cancellation, amendment or transfer must be made in writing.
3. CHARGES AND PAYMENT
3.1 The Charges for the Training Services which are subject to a Booking Form, Proposal or Email are due 14 days from the invoice date unless otherwise agreed in writing by the company. In the event that a booking is made less than 14 days before the first day of the course, payment will be required at the time of booking unless otherwise agreed in writing by the Company.
3.2 In the event of a transfer from one course to another, the original course invoice will be credited and an invoice for the course onto which the delegate has been transferred will be invoiced 30 days prior to the Training Course start date.
3.3 For Clients that do not hold a credit account with the company, payment must be made at the time of booking, or at the very latest, 30 days prior to the first day of the training service. In the event that payment is not received the company reserves the right to refuse the delegates participation on the course and will still expect payment in accordance with the company’s terms outlined in 2.5.
3.4 For Training Room bookings payment must be made at the time of booking unless otherwise agreed. Cancellations charges are as outlined in 2.4.
4. DELEGATES
4.1 The Company or the Trainer (whose decision shall be final) reserves the right to remove a Delegate from a course, where the Delegate is behaving unreasonably, isn’t fit to undertake the training or is under the influence of alcohol / illegal substances.
4.2 Delegates may not be able to sit the course should they not meet the prerequisites of the course, this includes, but is not limited to, speaking, writing and understanding English, age restrictions and holding the correct certificates.
4.3 If the Training Service is to be delivered via a Video Conferencing Software such as Zoom, it is the Delegates / Clients responsibility to ensure that they can access the course, assessment or exam and have a working laptop or PC with stable internet connectivity, camera and microphone.
4.4 The company will still expect payment for Invoices relating to Delegates described in 4.1.
4.2 and 4.3 in accordance with the company’s cancellation terms outlined in 2.5.
4.5 Resits are available to delegates who do not pass, but achieve the resit mark, on CITB exams. A resit fee may be charged and is payable prior to the resit taking place, unless otherwise agreed. Only one resit is allowed per delegate per course.
4.6 Equipment must not be removed from the training environment, any damage by wilful misuse or negligence will be chargeable.
4.7 Delegates should arrive at the training venue or join the course being hosted via video conferencing software before the start of the course; late arrivals may not be able to attend. Delegates who are late and are not permitted to attend the course will still be required to pay in full.
4.8 Delegates must complete all course paperwork correctly, failure to do so may result in the course not being completed.
4.9 Delegates under the age of 18 at the time of training must bring a letter of consent from a parent / guardian.
5. CERTIFICATES
5.4 The certificate belongs to the Delegate and should not be withheld by the Client or third part booking agent.
5.5 The Company reserves the right to withhold delivery of the certificate but only if the Client is withholding payment for the Training Services.
5.6 Duplicate certificates, which might be hard copy or digital (depending on the awarding body), must be requested in writing and will be chargeable.
VOCATIONAL TRAINING TERMS AND CONDITIONS
6. THE COMPANYS RESPONSIBLITIES
6.1 The Company will be responsible for ensuring that the Learner has the requisite experience and qualifications necessary to complete the Vocational Training that they wish to undertake.
6.2 For applicable programmes, The Company will provide access to the E-Portfolio platform (BUD) on which the Learners programme will be available and where they will receive instructions, training and feedback from the Assessor.
6.3 The Company will provide training to the Learner on how to use BUD, how to access their portfolio, submit work to be marked, communicate with their Assessor and index their evidence etc.
6.4 Results will be communicated to the awarding body and the Company will administer and award the Certificate to those Learners that have completed the Vocational Training and who have paid all costs associated with the provision of the Vocational Training Services.
7. THE CLIENTS RESPONSIBILITIES
7.1 Following written confirmation by the Client that they wish to proceed with the Vocational Training the Client enters into a contract with the Company for the provision of Assessment and / or Vocational Training.
7.2 The Client will provide all information and cooperation that may be necessary for the Company to provide the Vocational Training, which might include reasonable access to the Learners site / place of work.
7.3 The Client agrees to pay the Company’s invoices in accordance with the agreed terms and conditions and if payment is agreed in instalments; all information is provided to allow the Company to collect payment by Direct Debit.
8. VOCATIONAL TRAINING PAYMENT TERMS
8.1 The Charges for the Vocational Training which are subject to a Booking Form, Proposal or Email are due for payment before the Vocational Training starts and / or the Learner is inducted. Payment must be made in full unless agreed in writing by the company.
8.2 For those Clients with agreed credit terms, our standard terms apply as set out in 3.1. Any alternative payment plans must be agreed in writing with the Company and authorised by a Director of the Company.
8.3 For all payment plans, the first instalment is to be paid prior to the Vocational Training starting and further instalments to be collected by Direct Debit.
9. CANCELLATION
9.1 Your statutory rights allow you 14 days from the date of receipt of invoice and booking confirmation in which to make a written request for cancellation. If a written request for cancellation is received and any payment has been made, the Client will receive a refund less any reasonable costs of expenses.
9.2 If the Client wishes to cancel after the Vocational Training has started but with less than 50% of the programme complete the Company, at its absolute discretion, will refund 50% of the agreed charges to the Client. If more than 50% of the programme has been completed, no refund will be issued.
9.3 The Company reserves the right to cancel the Vocational Training in the event that a Learner becomes disengaged.
9.3.1 The Company will write to the Learner requesting an update if no progress has been made after 12 weeks.
9.3.2 The Learner will be given a further 12 weeks to re-engage with the Vocational Training or provide an adequate explanation for the cessation in progress.
9.3.3 If no feedback is received during this 12-week re-engagement period, the Learner will be notified that their Training has been stopped, no refund will be given and they will have to re-book on a new Vocational Training course if they wish to re-commence their Vocational Training.
E-LEARNING TERMS AND CONDITIONS
10. GRANT OF LICENCE
10.1 Further to receipt of payment, or written agreement to payment terms, the Company will grant the Client a licence to use the purchased eLearning course. This licence is personal to the Client and cannot be shared or exchanged with others.
10.2 This licence is limited, revocable, non-exclusive, non-sublicensable and non-transferable, and is subject to the rights and obligations granted under these terms.
11. ACCESS TO E-LEARNING MATERIALS
11.1 You will be granted access to the materials within 48 hours from the date of purchase (the starting date)
11.2 It is the Clients responsibility to ensure that all course content is completed within the allocated time-period and that they have access to a working PC, tablet or laptop with stable internet connectivity.
11.3 The Company will take all reasonable steps to ensure the Client has uninterrupted access to the materials, however, access may be interrupted from time to time due to reasons beyond the Company’s control. In this event The Company, at its sole discretion, may provide a free extension of time or a new licence.
12. E-LEARNING PRICING AND PAYMENT
12.1 Unless otherwise agreed in writing, we must receive payment for the e-learning course in full before providing access.
12.2 Payment includes the licensing of the eLearning content for the period of time appropriate for the course. A refund will not be paid in the event that the Client fails to complete the course within the allocated time.
12.3 The Company reserves the right to review and change the pricing of any eLearning courses.
13. E-LEARNING CANCELLATION POLICY
13.1 If eLearning material is made available to the Client, cancellation is not possible and no refund is available.
14. YOUR RIGHTS
14.1 Under UK law any product purchased must be as described, fit for purpose and of a satisfactory quality. If the eLearning course purchased from The Company is not satisfactory / not as described then you may be entitled to a full or partial refund.
OTHER GENERAL TERMS
15. LIABILITY AND ITS EXCLUSION AND LIMITATION
15.1 Except in respect of death or personal injury caused by the Company’s negligence, or as expressly Provided in these Conditions, the Company shall not be liable to the Client by reason of any representation (unless fraudulent), or any implied warranty, condition or other term, or any duty at common law, or under the express terms of the Contract for any loss of profit or any indirect, special or consequential loss, damage, costs expenses or other claims (whether caused by the negligence of the Company its servants or agents or otherwise) which arise out of or in connection with the provision of the Training Services and the entire liability of the Company under or in connection with the Contract shall not exceed the amount of the Company’s charges for the provision of the Training Services except as expressly provided in these terms.
15.2 The Company shall not be liable to the Client or be deemed in breach of contract by reason of any delay or failure to perform any of the Company’s obligations in relation to the Training Service if this was due to any cause beyond the Company’s reasonable control.
15.3 The Company will be responsible for ensuring that the trainer is provided with a solid and reliable internet connection for the delivery of online, public, scheduled courses.
15.4 The Client is responsible for ensuring that they have a reliable and stable internet connection for the duration of any online training service that they have purchased.
16. INSURANCE
16.1 The Company’s holds public liability insurance of £10,000,000 and professional indemnity insurance of £2,000,000. Click here to view our insurance certificates.
16.2 In the case of In-House Training, the parties shall carry public liability insurance for a minimum amount of £10,000,000 for each and every claim. Click here to view our insurance certificates.
17. ADVERTISING
17.1 The Company may refer to a Clients contract within any proposal to further Clients, provided only fundamental facts are divulged and not proprietary and confidential information.
17.2 The Company may store the names of the Delegates for the purpose of delivering the service and advising them of the availability of courses in the future.
17.3 No offer or discount can be used in conjunction with another offer or discount, unless agreed in writing by a Director of the Company.
18. DATA PROTECTION
18.1 The Client shall ensure that it has in place all necessary consents in connection with Personal Data to allow the Company at all times to perform the Training Services without infringing any third-party rights.
18.2 The Company warrants to the Client that it will only use the Personal data for the purposes of carrying out its obligations hereunder and that it will ensure that all reasonable and appropriate security measures are in place to protect the Personal Data. Furthermore, the Company will destroy the Personal Data upon written demands from the Client where possible, and further, that it has in all respects complied with its obligations under the Data Protection Act 2018 and any amendments to or re-enactments thereof. Click here to view our Privacy Policy.
18.3 The Company is a registered organisation with the Information Commissioners Office and holds a data protection certificate.
19. INTELLECTUAL PROPERTY
19.1 All intellectual property rights for all course material shall remain the property of the Company. No part of the training material may be reproduced, stored in a retrieval system, or transmitted in any form, or by any means electronic, mechanical, photocopying, or otherwise, without prior permission in writing of the Company or the copyright owner.
20. HEALTH AND SAFETY
20.1 During the provision of the Training Services, all parties shall comply with all applicable health and safety legislation and codes of practice.
20.2 For practical courses, the Company reserves the right to refuse entry to any delegate without the PPE appropriate for the course. The Client may still be charged in accordance with 2.5.
20.3 In the event that the Training Services are provided at the Clients premises, the Client will ensure:
21. TERMINATION
21.1 Either party may terminate this Agreement by written notice:
22. ASSIGNMENT
22.1 This Agreement is personal to the Client and may not be assigned by the Client in whole or in part.
23. FORCE MAJEURE
23.1 Neither party shall be responsible for any failure or delay in performance of its obligations under this Agreement (other than the obligation to make payments of money) due to any force majeure event including, Act of God, refusal of license (other than as a result of any act or omission of The Company) or other Government act, fire explosion, embargo, terrorism, civil disturbance, accident, epidemics, lightning damage, electromagnetic interference, radio interference, strikes industrial dispute, or any other cause beyond its reasonable control.
24. NON-SOLICITATION
24.1 The Client shall not during the term of this Agreement and for six months thereafter, entice or solicit for employment with it, or any other entity, any Trainer or Employee who has been engaged to provide the Training Services.
25. ENTIRE AGREEMENT
25.1 This Agreement sets out the entire agreement between the parties in relation to the subject matter hereof and supersedes all previous arrangements, agreements and representations whether written, oral or implied between the Client and the Company relating to the Training Services.
26. AGREEMENT AMENDMENTS
26.1 Any amendments to this Agreement shall be in writing.
27. EFFECTIVENESS
27.1 This Agreement shall be effective upon signature by the parties or by requesting training services from the Company.
28. THIRD PARTIES
28.1 Third parties have no rights under the Contracts (Rights of Third Parties) Act 1999, or any amendment to, or re-enactment of it, to enforce any provision of this Agreement.
29. LAW
29.1 This Agreement shall be construed in accordance with English law and the English courts shall have sole jurisdiction.
This privacy policy applies between you, the User of this Website and 2B Trained Ltd, the owner and provider of this Website. 2B Trained Ltd takes the privacy of your information very seriously. This privacy policy applies to our use of all Data collected by us or provided by you in relation to your use of the Website.
1. Definitions and interpretation
In this privacy policy, the following definitions are used:
In this privacy policy, unless the context requires a different interpretation:
2. Scope of this privacy policy
This privacy policy applies only to the actions of 2B Trained Ltd and Users with respect to this Website. It does not extend to any websites that can be accessed from this Website including, but not limited to, any links we may provide to social media websites.
For purposes of the applicable Data Protection Laws, 2B Trained Ltd is the "data controller". This means that 2B Trained Ltd determines the purposes for which, and the way your Data is processed.
3. Data collected
We may collect the following Data, which includes personal Data, from you:
4. How we collect Data
We collect Data in the following ways:
5. Data that is given to us by you
2B Trained Ltd will collect your Data in several ways, for example:
6. Data that is collected automatically
To the extent that you access the Website, we will collect your Data automatically, for example:
7. Our use of Data
Any or all the above Data may be required by us from time to time in order to provide you with the best possible service and experience when using our Website. Specifically, Data may be used by us for the following reasons:
When you register with us and set up an account to receive our services, the legal basis for this processing is the performance of a contract between you and us and/or taking steps, at your request, to enter such a contract.
We may use your Data to show you 2B Trained Ltd adverts and other content on other websites. If you do not want us to use your data to show you 2B Trained Ltd adverts and other content on other websites, please turn off the relevant cookies (please refer to the section headed "Cookies" below).
8. Who we share Data with
We may share your Data with the following groups of people for the following reasons:
9. Keeping Data secure
We will use technical and organisational measures to safeguard your Data, for example:
We are certified to Cyber Essentials. This family of standards helps us manage your Data and keep it secure.
Technical and organisational measures include measures to deal with any suspected data breach. If you suspect any misuse or loss or unauthorised access to your Data, please let us know immediately by contacting us via this e-mail address: hello@2btrained.co.uk.
If you want detailed information from Get Safe Online on how to protect your information and your computers and devices against fraud, identity theft, viruses and many other online problems, please visit www.getsafeonline.org. Get Safe Online is supported by HM Government and leading businesses.
10. Data retention
Unless a longer retention period is required or permitted by law, we will only hold your Data on our systems for the period necessary to fulfil the purposes outlined in this privacy policy or until you request that the Data be deleted.
Even if we delete your Data, it may persist on backup or archival media for legal, tax or regulatory purposes.
11. Your rights
You have the following rights in relation to your Data:
To make enquiries, exercise any of your rights set out above, or withdraw your consent to the processing of your Data (where consent is our legal basis for processing your Data), please contact us via this e-mail address hello@2btrained.co.uk.
If you are not satisfied with the way a complaint you make in relation to your Data is handled by us, you may be able to refer your complaint to the relevant data protection authority. For the UK, this is the Information Commissioner's Office (ICO). The ICO's contact details can be found on their website at https://ico.org.uk/.
It is important that the Data we hold about you is accurate and current. Please keep us informed if your Data changes during the period for which we hold it.
12. Links to other websites
This Website may, from time to time, provide links to other websites. We have no control over such websites and are not responsible for the content of these websites. This privacy policy does not extend to your use of such websites. You are advised to read the privacy policy or statement of other websites prior to using them.
13. Changes of business ownership and control
2B Trained Ltd may, from time to time, expand or reduce our business and this may involve the sale and/or the transfer of control of all or part of 2B Trained Ltd. Data provided by Users will, where it is relevant to any part of our business so transferred, be transferred along with that part and the new owner or newly controlling party will, under the terms of this privacy policy, be permitted to use the Data for the purposes for which it was originally supplied to us.
We may also disclose Data to a prospective purchaser of our business or any part of it.
In the above instances, we will take steps with the aim of ensuring your privacy is protected.
14. Cookies
This Website may place and access certain Cookies on your computer. 2B Trained Ltd uses Cookies to improve your experience of using the Website and to improve our range of products and services. 2B Trained Ltd has carefully chosen these Cookies and has taken steps to ensure that your privacy is protected and always respected.
All Cookies used by this Website are used in accordance with current UK and EU Cookie Law.
Before the Website places Cookies on your computer, you will be presented with a message bar requesting your consent to set those Cookies. By giving your consent to the placing of Cookies, you are enabling 2B Trained Ltd to provide a better experience and service to you.
You may, if you wish, deny consent to the placing of Cookies; however certain features of the Website may not function fully or as intended.
This Website may place the following Cookies:
You can find a list of Cookies that we use in the Cookies Schedule.
You can choose to enable or disable Cookies in your internet browser. By default, most internet browsers accept Cookies, but this can be changed. For further details, please consult the help menu in your internet browser.
You can choose to delete Cookies at any time however, you may lose any information that enables you to access the Website more quickly and efficiently including, but not limited to, personalisation settings.
It is recommended that you ensure that your internet browser is up-to-date and that you consult the help and guidance provided by the developer of your internet browser if you are unsure about adjusting your privacy settings.
For more information generally on cookies, including how to disable them, please refer to aboutcookies.org. You will also find details on how to delete cookies from your computer.
15. General
You may not transfer any of your rights under this privacy policy to any other person. We may transfer our rights under this privacy policy where we reasonably believe your rights will not be affected.
If any court or competent authority finds that any provision of this privacy policy (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision will, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of this privacy policy will not be affected.
Unless otherwise agreed, no delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy.
This Agreement will be governed by and interpreted according to the law of England and Wales. All disputes arising under the Agreement will be subject to the exclusive jurisdiction of the English and Welsh courts.
26. Changes to this privacy policy
2B Trained Ltd reserves the right to change this privacy policy as we may deem necessary from time to time or as may be required by law. Any changes will be immediately posted on the Website and you are deemed to have accepted the terms of the privacy policy on your first use of the Website following the alterations. You may contact 2B Trained Ltd by email at hello@2btrained.co.uk.
27. Attribution
This privacy policy was created using a document from Rocket Lawyer
1. Introduction
These terms and conditions apply between you, the User of this Website (including any sub-domains, unless expressly excluded by their own terms and conditions), and 2B Trained Ltd, the owner and operator of this Website. Please read these terms and conditions carefully, as they affect your legal rights. Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the Website. If you do not agree to be bound by these terms and conditions, you should stop using the Website immediately.
In these terms and conditions, User or Users means any third party that accesses the Website and is not either (i) employed by 2B Trained Ltd and acting in the course of their employment or (ii) engaged as a consultant or otherwise providing services to f and accessing the Website in connection with the provision of such services.
You must be at least 18 years of age to use this Website. By using the Website and agreeing to these terms and conditions, you represent and warrant that you are at least 18 years of age.
2. Intellectual property and acceptable use
All Content included on the Website, unless uploaded by Users, is the property of 2B Trained Ltd, our affiliates or other relevant third parties. In these terms and conditions, Content means any text, graphics, images, audio, video, software, data compilations, page layout, underlying code and software and any other form of information capable of being stored in a computer that appears on or forms part of this Website, including any such content uploaded by Users.
By continuing to use the Website you acknowledge that such Content is protected by copyright, trademarks, database rights and other intellectual property rights. Nothing on this site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on the site without the owner's prior written permission.
You may, for your own personal, non-commercial use only, do the following:
You must not otherwise reproduce, modify, copy, distribute or use for commercial purposes any Content without the written permission of 2B Trained Ltd.
3. Prohibited use
You may not use the Website for any of the following purposes:
4. Registration
You must ensure that the details provided by you on registration or at any time are correct and complete.
You must inform us immediately of any changes to the information that you provide when registering by updating your personal details to ensure we can communicate with you effectively.
We may suspend or cancel your registration with immediate effect for any reasonable purposes or if you breach these terms and conditions.
You may cancel your registration at any time by informing us in writing to the address at the end of these terms and conditions. If you do so, you must immediately stop using the Website. Cancellation or suspension of your registration does not affect any statutory rights.
5. Password and security
When you register on this Website, you will be asked to create a password, which you should keep confidential and not disclose or share with anyone.
If we have reason to believe that there is or is likely to be any misuse of the Website or breach of security, we may require you to change your password or suspend your account.
6. Links to other websites
This Website may contain links to other sites. Unless expressly stated, these sites are not under the control of 2B Trained Ltd or that of our affiliates.
We assume no responsibility for the content of such Websites and disclaim liability for all forms of loss or damage arising out of the use of them.
The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.
7. Privacy Policy and Cookies Policy
Use of the Website is also governed by our Privacy Policy and Cookies Policy, which are incorporated into these terms and conditions by this reference. To view this Policy please click https://2btrained.co.uk/privacy-policy
8. Availability of the Website and disclaimers
Any online facilities, tools, services or information that 2B Trained Ltd makes available through the Website (the Service) is provided "as is" and on an "as available" basis. We give no warranty that the Service will be free of defects and/or faults. To the maximum extent permitted by the law, we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality. 2B Trained Ltd is under no obligation to update information on the Website.
Whilst 2B Trained Ltd uses reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, we give no warranty or guaranty in that regard and all Users take responsibility for their own security, that of their personal details and their computers.
2B Trained Ltd accepts no liability for any disruption or non-availability of the Website.
2B Trained Ltd reserves the right to alter, suspend or discontinue any part (or the whole of) the Website including, but not limited to, any products and/or services available. These terms and conditions shall continue to apply to any modified version of the Website unless it is expressly stated otherwise.
9. Limitation of liability
Nothing in these terms and conditions will: (a) limit or exclude our or your liability for death or personal injury resulting from our or your negligence, as applicable; (b) limit or exclude our or your liability for fraud or fraudulent misrepresentation; or (c) limit or exclude any of our or your liabilities in any way that is not permitted under applicable law.
We will not be liable to you in respect of any losses arising out of events beyond our reasonable control.
To the maximum extent permitted by law, 2B Trained Ltd accepts no liability for any of the following:
10. General
You may not transfer any of your rights under these terms and conditions to any other person. We may transfer our rights under these terms and conditions where we reasonably believe your rights will not be affected.
These terms and conditions may be varied by us from time to time. Such revised terms will apply to the Website from the date of publication. Users should check the terms and conditions regularly to ensure familiarity with the then current version.
These terms and conditions together with the Privacy Policy and Cookies Policy contain the whole agreement between the parties relating to its subject matter and supersede all prior discussions, arrangements or agreements that might have taken place in relation to the terms and conditions.
The Contracts (Rights of Third Parties) Act 1999 shall not apply to these terms and conditions and no third party will have any right to enforce or rely on any provision of these terms and conditions.
If any court or competent authority finds that any provision of these terms and conditions (or part of any provision) is invalid, illegal, or unenforceable, that provision or part-provision will, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of these terms and conditions will not be affected.
Unless otherwise agreed, no delay, act, or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy.
This Agreement shall be governed by and interpreted according to the law of England and Wales and all disputes arising under the Agreement (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the English and Welsh courts.
11. Attribution
This website use policy was created using a document from Rocket Lawyer (https://www.rocketlawyer.co.uk).
1. Introduction
As we can accept your order and make a legally enforceable agreement without further reference to you, you must read these terms and conditions to make sure that they contain all that you want and nothing that you are not happy with. If you are not sure about anything, just phone us on 0330 174 1267.
2. Application
These Terms and Conditions will apply to the purchase of the goods by you (the Customer or you). We are 2B Trained Ltd a company registered in England and Wales under number 13467143 whose registered office is at Fareham Innovation Centre, Merlin House, 4 Meteor Way, Lee-on-the-Solent, Hampshire PO13 9FU with email address hello@2btrained.co.uk and telephone number 0330 174 1267; (the Supplier or us or we).
These are the terms on which we sell all Goods to you. By ordering any of the Goods, you agree to be bound by these Terms and Conditions. By ordering any of the Services, you agree to be bound by these Terms and Conditions. You can only purchase the Goods from the Website if you are eligible to enter into a contract and are at least 18 years old.
3. Interpretation
Customer means a client, buyer or purchaser or the recipient of a good, service, product or an idea, obtained from a seller, vendor or supplier via a financial transaction or an exchange for money.
4. Goods
The description of the Goods is as set out in the Website, catalogues, brochures or other form of advertisement. Any description is for illustrative purposes only and there may be small discrepancies in the size and colour of the Goods supplied.
In the case of any Goods made to your special requirements, it is your responsibility to ensure that any information or specification you provide is accurate.
All Goods which appear on the Website are subject to availability.
We can make changes to the Goods which are necessary to comply with any applicable law or safety requirement. We will notify you of these changes.
5. Personal information
We retain and use all information strictly under the Privacy Policy.
We may contact you by using e-mail or other electronic communication methods and by pre-paid post and you expressly agree to this.
6. Basis of Sale
The description of the Goods in our website does not constitute a contractual offer to sell the Goods. When an Order has been submitted on the Website, we can reject it for any reason, although we will try to tell you the reason without delay.
The Order process is set out on the Website. Each step allows you to check and amend any errors before submitting the Order. It is your responsibility to check that you have used the ordering process correctly.
A Contract will be formed for the sale of Goods ordered only when you receive an email from us confirming the Order (Order Confirmation). You must ensure that the Order Confirmation is complete and accurate and inform us immediately of any errors. We are not responsible for any inaccuracies in the Order placed by you. By placing an Order you agree to us giving you confirmation of the Contract by means of an email with all information in it (ie the Order Confirmation). You will receive the Order Confirmation within a reasonable time after making the Contract, but in any event not later than the delivery of any Goods supplied under the Contract.
Any quotation is valid for a maximum period of 7 days from its date, unless we expressly withdraw it at an earlier time.
No variation of the Contract, whether about description of the Goods, Fees or otherwise, can be made after it has been entered into unless the variation is agreed by the Customer and the Supplier in writing.
We intend that these Terms and Conditions apply only to a Contract entered into by you as a Customer. If this is not the case, you must tell us, so that we can provide you with a different contract with terms which are more appropriate for you and which might, in some respects, be better for you, e.g. by giving you rights as a business.
7. Price and Payment
The price of the Goods and any additional delivery or other charges is that set out on the Website at the date of the Order or such other price as we may agree in writing.
Prices and charges include VAT at the rate applicable at the time of the Order.
You must pay by submitting your credit or debit card details with your Order and we can take payment immediately or otherwise before delivery of the Goods.
8. Delivery
We will deliver the Goods, to the Delivery Location by the time or within the agreed period or, failing any agreement, without undue delay and, in any event, not more than 30 days after the day on which the Contract is entered into.
In any case, regardless of events beyond our control, if we do not deliver the Goods on time, you can (in addition to any other remedies) treat the Contract at an end if:
If you treat the Contract at an end, we will (in addition to other remedies) promptly return all payments made under the Contract.
If you were entitled to treat the Contract at an end, but do not do so, you are not prevented from cancelling the Order for any Goods or rejecting Goods that have been delivered and, if you do this, we will (in addition to other remedies) without delay return all payments made under the Contract for any such cancelled or rejected Goods. If the Goods have been delivered, you must return them to us or allow us to collect them from you and we will pay the costs of this.
If any Goods form a commercial unit (a unit is a commercial unit if division of the unit would materially impair the value of the goods or the character of the unit) you cannot cancel or reject the Order for some of those Goods without also cancelling or rejecting the Order for the rest of them.
We do not generally deliver to addresses outside England and Wales, Scotland, Northern Ireland, the Isle of Man and Channels Islands. If, however, we accept an Order for delivery outside that area, you may need to pay import duties or other taxes, as we will not pay them.
You agree we may deliver the Goods in instalments if we suffer a shortage of stock or other genuine and fair reason, subject to the above provisions and provided you are not liable for extra charges.
If you or your nominee fail, through no fault of ours, to take delivery of the Goods at the Delivery Location, we may charge the reasonable costs of storing and redelivering them.
The Goods will become your responsibility from the completion of delivery or Customer collection. You must, if reasonably practicable, examine the Goods before accepting them.
9. Risk and Title
Risk of damage to, or loss of, any Goods will pass to you when the Goods are delivered to you.
You do not own the Goods until we have received payment in full. If full payment is overdue or a step occurs towards your bankruptcy, we can choose, by notice to cancel any delivery and end any right to use the Goods still owned by you, in which case you must return them or allow us to collect them.
10. Withdrawal, returns and cancellation
You can withdraw the Order by telling us before the Contract is made, if you simply wish to change your mind and without giving us a reason, and without incurring any liability.
This is a distance contract (as defined below) which has the cancellation rights (Cancellation Rights) set out below. These Cancellation Rights, however, do not apply, to a contract for the following goods (with no others) in the following circumstances:
Also, the Cancellation Rights for a Contract cease to be available in the following circumstances:
in the case of any sales contract, if the goods become mixed inseparably (according to their nature) with other items after delivery.
Right to cancel
Subject as stated in these Terms and Conditions, you can cancel this contract within 14 days without giving any reason.
The cancellation period will expire after 14 days from the day on which you acquire, or a third party, other than the carrier indicated by you, acquires physical possession of the last of the Goods. In a contract for the supply of goods over time (i.e., subscriptions), the right to cancel will be 14 days after the first delivery.
To exercise the right to cancel, you must inform us of your decision to cancel this Contract by a clear statement setting out your decision (e.g. a letter sent by post or email). You can use the attached model cancellation form, but it is not obligatory. In any event, you must be able to show clear evidence of when the cancellation was made, so you may decide to use the model cancellation form.
You can also electronically fill in and submit the model cancellation form or any other clear statement of the Customer's decision to cancel the Contract on our website www.2btrained.co.uk. If you use this option, we will communicate to you an acknowledgement of receipt of such a cancellation in a Durable Medium (e.g. by email) without delay.
To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
Effects of cancellation in the cancellation period
Except as set out below, if you cancel this Contract, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us).
Deduction for Goods supplied
We may make a deduction from the reimbursement for loss in value of any Goods supplied, if the loss is the result of unnecessary handling by you (i.e. handling the Goods beyond what is necessary to establish the nature, characteristics and functioning of the Goods: e.g. it goes beyond the sort of handling that might be reasonably allowed in a shop). This is because you are liable for that loss and, if that deduction is not made, you must pay us the amount of that loss.
Timing of reimbursement
If we have not offered to collect the Goods, we will make the reimbursement without undue delay, and not later than:
14 days after the day we receive back from you any Goods supplied, or (if earlier) 14 days after the day you provide evidence that you have sent back the Goods.
If we have offered to collect the Goods or if no Goods were supplied, we will make the reimbursement without undue delay, and not later than 14 days after the day on which we are informed about your decision to cancel this Contract.
We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.
Returning Goods
If you have received Goods in connection with the Contract which you have cancelled, you must send back the Goods or hand them over to us at Fareham Innovation Centre, Merlin House, 4 Meteor Way, Lee-on-the-Solent, Hampshire PO13 9FU without delay and in any event not later than 14 days from the day on which you communicate to us your cancellation of this Contract. The deadline is met if you send back the Goods before the period of 14 days has expired. You agree that you will have to bear the cost of returning the Goods.
For the purposes of these Cancellation Rights, these words have the following meanings:
11. Conformity and Guarantee
We have a legal duty to supply the Goods in conformity with the Contract, and will not have conformed if it does not meet the following obligation.
Upon delivery, the Goods will:
It is not a failure to conform if the failure has its origin in your materials.
We will immediately, or within a reasonable time, give you the benefit of the free guarantee given by the manufacturer of the Goods. Details of the guarantee, including the name and address of the manufacturer, the duration and territorial scope of the guarantee, are set out in the manufacturer's guarantee provided with the Goods. This guarantee will take effect at the time the Goods are delivered, and will not reduce your legal rights.
We will provide the following after-sales service: The seller will support the customer in providing instructions on how to access training, examinations and download publications including training course material.
12. Successors and our sub-contractors
Either party can transfer the benefit of this Contract to someone else, and will remain liable to the other for its obligations under the Contract. The Supplier will be liable for the acts of any sub-contractors who it chooses to help perform its duties.
13. Circumstances beyond the control of either party
In the event of any failure by a party because of something beyond its reasonable control:
the party will advise the other party as soon as reasonably practicable; and the party's obligations will be suspended so far as is reasonable, provided that that party will act reasonably, and the party will not be liable for any failure which it could not reasonably avoid, but this will not affect the Customer's above rights relating to delivery and any right to cancel, below.
14. Privacy
Your privacy is critical to us. We respect your privacy and comply with the General Data Protection Regulation with regard to your personal information.
These Terms and Conditions should be read alongside, and are in addition to our policies, including our privacy policy and cookies policy.
For the purposes of these Terms and Conditions:
We are a Data Controller of the Personal Data we Process in providing Goods to you.
Where you supply Personal Data to us so we can provide Goods to you, and we Process that Personal Data in the course of providing the Goods to you, we will comply with our obligations imposed by the Data Protection Laws:
For any enquiries or complaints regarding data privacy, you can e-mail hello@2btrained.co.uk.
15. Excluding liability
The Supplier does not exclude liability for: (i) any fraudulent act or omission; or (ii) for death or personal injury caused by negligence or breach of the Supplier's other legal obligations. Subject to this, the Supplier is not liable for (i) loss which was not reasonably foreseeable to both parties at the time when the Contract was made, or (ii) loss (eg loss of profit) to the Customer's business, trade, craft or profession which would not be suffered by a Customer - because the Supplier believes the Customer is not buying the Goods wholly or mainly for its business, trade, craft or profession
16. Governing law, jurisdiction and complaints
The Contract (including any non-contractual matters) is governed by the law of England and Wales.
Disputes can be submitted to the jurisdiction of the courts of England and Wales or, where the Customer lives in Scotland or Northern Ireland, in the courts of respectively Scotland or Northern Ireland.
We try to avoid any dispute, so we deal with complaints in the following way: If a dispute occurs customers should contact us to find a solution. We will aim to respond with an appropriate solution within 5 days.
17. Attribution
These terms and conditions were created using a document from Rocket Lawyer (https://www.rocketlawyer.com/gb/en).
1. Application and entire agreement
These Terms and Conditions apply to the provision of the services detailed in our quotation (Services) by 2B Trained Ltd a company registered in England and Wales under number 13467143 whose registered office is at Fareham Innovation Centre, Merlin House, 4 Meteor Way, Lee-on-the-Solent, Hampshire PO13 9FU (we or our or us or Service Provider) to the person buying the services (you or your or Customer or Supplier).
You are deemed to have accepted these Terms and Conditions when you accept our quotation or from the date of any performance of the Services (whichever happens earlier) and these Terms and Conditions and our quotation (the Contract) are the entire agreement between us.
You acknowledge that you have not relied on any statement, promise or representation made or given by or on our behalf. These Conditions apply to the Contract to the exclusion of any other terms that you try to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
2. Interpretation
A "business day" means any day other than a Saturday, Sunday or bank holiday in England and Wales.
The headings in these Terms and Conditions are for convenience only and do not affect their interpretation.
Words imparting the singular number shall include the plural and vice-versa.
Quotation means any services requested by you, any purchase order provided by you, by fax, email or any other written format, any subscription ordered by you, and any pre-agreed service level agreement signed by both us and you.
3. Services
We warrant that we will use reasonable care and skill in our performance of the Services which will comply with the quotation, including any specification in all material respects. We can make any changes to the Services which are necessary to comply with any applicable law or safety requirement, and we will notify you if this is necessary.
We will use our reasonable endeavours to complete the performance of the Services within the time agreed or as set out in the quotation; however, time shall not be of the essence in the performance of our obligations.
All of these Terms and Conditions apply to the supply of any goods as well as Services unless we specify otherwise.
4. Your obligations
You must obtain any permissions, consents, licences or otherwise that we need and must give us with access to any and all relevant information, materials, properties and any other matters which we need to provide the Services. If you do not comply with this requirement, we can terminate the Services.
We are not liable for any delay or failure to provide the Services if this is caused by your failure to comply with the provisions of this section (Your obligations).
5. Fees
The fees (Fees) for the Services are set out in the quotation and are on a time basis.
In addition to the Fees, we can recover from you a) reasonable incidental expenses including, but not limited to, travelling expenses, hotel costs, subsistence and any associated expenses, b) the cost of services provided by third parties and required by us for the performance of the Services, and c) the cost of any materials required for the provision of the Services.
You must pay us for any additional services provided by us that are not specified in the quotation in accordance with our then current, applicable hourly/daily/monthly rate in effect at the time of performance or such other rate as may be agreed between us. The provisions of clause 14 also apply to these additional services.
The Fees are exclusive of any applicable VAT and other taxes or levies which are imposed or charged by any competent authority.
6. Cancellation and amendment
We can withdraw, cancel or amend a quotation if it has not been accepted by you, or if the Services have not started, within a period of 7 days from the date of the quotation, (unless the quotation has been withdrawn).
Either we or you can cancel an order for any reason prior to your acceptance (or rejection) of the quotation.
7. Cancellation fees
If you want to amend any details of the Services you must tell us in writing as soon as possible. We will use reasonable endeavours to make any required changes and additional costs will be included in the Fees and invoiced to you.
8. Transfer fees
If, due to circumstances beyond our control, including those set out in the clause below (Circumstances beyond a party's control), we have to make any change in the Services or how they are provided, we will notify you immediately. We will use reasonable endeavours to keep any such changes to a minimum.
9. Payment
We will invoice you for payment of the Fees either:
You must pay the Fees due within 30 days of the date of our invoice or otherwise in accordance with any credit terms agreed between us.
Time for payment shall be of the essence of the Contract.
Without limiting any other right or remedy we have for statutory interest, if you do not pay within the period set out above, we will charge you interest at the rate of 8% per annum above the base lending rate of the Bank of England from time to time on the amount outstanding until payment is received in full.
All payments due under these Terms and Conditions must be made in full without any deduction or withholding except as required by law and neither of us can assert any credit, set-off or counterclaim against the other in order to justify withholding payment of any such amount in whole or in part.
If you do not pay within the period set out above, we can suspend any further provision of the Services and cancel any future services which have been ordered by, or otherwise arranged with, you.
Receipts for payment will be issued by us only at your request.
All payments must be made in British Pounds unless otherwise agreed in writing between us.
10. Sub-Contracting and assignment
We can at any time assign, transfer, charge, subcontract or deal in any other manner with all or any of our rights under these Terms and Conditions and can subcontract or delegate in any manner any or all of our obligations to any third party.
You must not, without our prior written consent, assign, transfer, charge, subcontract or deal in any other manner with all or any of your rights or obligations under these Terms and Conditions.
11. Termination
We can terminate the provision of the Services immediately if you:
12. Intellectual property
We reserve all copyright and any other intellectual property rights which may subsist in any goods supplied in connection with the provision of the Services. We reserve the right to take any appropriate action to restrain or prevent the infringement of such intellectual property rights.
13. Liability and indemnity
Our liability under these Terms and Conditions, and in breach of statutory duty, and in tort or misrepresentation or otherwise, shall be limited as set out in this section.
The total amount of our liability is limited for any loss incurred by you in respect of any one event or series of connected events shall not exceed £250.
We are not liable (whether caused by our employees, agents or otherwise) in connection with our provision of the Services or the performance of any of our other obligations under these Terms and Conditions or the quotation for:
You must indemnify us against all damages, costs, claims and expenses suffered by us arising from any loss or damage to any equipment (including that belonging to third parties) caused by you or your agents or employees.
Nothing in these Terms and Conditions shall limit or exclude our liability for death or personal injury caused by our negligence, or for any fraudulent misrepresentation, or for any other matters for which it would be unlawful to exclude or limit liability.
14. Insurance
Whilst providing our Services, we shall maintain in force with a reputable insurance company, insurance sufficient to indemnify risks for which we may be responsible, including for our respective sub-contractors, agents and employees, in connection with the Services and shall, on request, produce an insurance certificate giving details of cover and the receipt for the current year's premium.
15. Data Protection
When supplying the Services to the Customer, the Service Provider may gain access to and/or acquire the ability to transfer, store or process personal data of employees of the Customer.
The parties agree that where such processing of personal data takes place, the Customer shall be the 'data controller' and the Service Provider shall be the 'data processor' as defined in the General Data Protection Regulation (GDPR) as may be amended, extended and/or re-enacted from time to time.
For the avoidance of doubt, 'Personal Data', 'Processing', 'Data Controller', 'Data Processor' and 'Data Subject' shall have the same meaning as in the GDPR.
The Service Provider shall only Process Personal Data to the extent reasonably required to enable it to supply the Services as mentioned in these terms and conditions or as requested by and agreed with the Customer, shall not retain any Personal Data longer than necessary for the Processing and refrain from Processing any Personal Data for its own or for any third party's purposes.
The Service Provider shall not disclose Personal Data to any third parties other than employees, directors, agents, sub-contractors or advisors on a strict 'need-to-know' basis and only under the same (or more extensive) conditions as set out in these terms and conditions or to the extent required by applicable legislation and/or regulations.
The Service Provider shall implement and maintain technical and organisational security measures as are required to protect Personal Data Processed by the Service Provider on behalf of the Customer.
Further information about the Service Provider's approach to data protection are specified in its Privacy Policy, which can be found at www.2btrained.co.uk. For any enquiries or complaints regarding data privacy, you can email: hello@ 2btrained.co.uk.
16. Circumstances beyond a party's control
Neither of us is liable for any failure or delay in performing our obligations where such failure or delay results from any cause that is beyond the reasonable control of that party. Such causes include, but are not limited to: industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action or any other event that is beyond the control of the party in question. If the delay continues for a period of 90 days, either of us may terminate or cancel the Services to be carried out under these Terms and Conditions.
17. Communications
All notices under these Terms and Conditions must be in writing and signed by, or on behalf of, the party giving notice (or a duly authorised officer of that party).
Notices shall be deemed to have been duly given:
All notices under these Terms and Conditions must be addressed to the most recent address, email address or fax number notified to the other party.
18. No waiver
No delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy nor stop further exercise of any other right, or remedy.
19. Severance
If one or more of these Terms and Conditions is found to be unlawful, invalid or otherwise unenforceable, that / those provisions will be deemed severed from the remainder of these Terms and Conditions (which will remain valid and enforceable).
20. Law and jurisdiction
This Agreement shall be governed by and interpreted according to the law of England and Wales and all disputes arising under the Agreement (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the English and Welsh courts.
21. Attribution
These terms and conditions were created using a document from Rocket Lawyer (https://www.rocketlawyer.com/gb/en).
hello@2btrained.co.uk
Fareham Innovation Centre, Merlin House, 4 Meteor Way, Lee-on-the-Solent, Hampshire PO13 9FU