Training Course Terms and Conditions
1. Definitions and Interpretation
1.1 In these Terms and Conditions, the following expressions have the following
meanings: “Agreement”
“Client”
“Data Protection Legislation”
“Delegate”
“Fees”
“Cherry Training”
“Confirmation email” “Training Course” “Training Partner”
means the training agreement entered into by the Service Provider and the Client incorporating these Terms and Conditions (or variation thereof agreed upon by both Parties) which shall govern provision of the Services.
means the party procuring the services via Cherry Training Ltd who shall be identified in the Agreement
means 1) unless and until EU Regulation 2016/679 General Data Protection Regulation (“GDPR”) is no longer directly applicable in the UK, the GDPR and any national implementing laws, regulations, and secondary legislation (as amended from time to time), in the UK and subsequently 2) any legislation which succeeds the GDPR.
means an employee or other worker (including temporary or agency staff) of the Client that attends a Training Course.
means the fees as stated by Cherry Training Ltd.
means Cherry Training Ltd a private limited company (registration number 11903880) whose registered office is at 1, Worsley Court, High St, Walkden, Worsley, Manchester M28 3NJ.
means the email through which Training Courses will be booked.
means any training course provided by or on behalf of Cherry Training Ltd.
means the organisation delivering the Training Course where this is not Cherry Training Ltd.
1.2 Each reference in these Terms and Conditions to:
1.2.1 “writing”, and any cognate expression, includes a reference to any communication effected by electronic or facsimile transmission or similar means;
1.2.2 a statute or a provision of a statute is a reference to that statute or provision as amended or re-enacted at the relevant time;
1.2.3 “these Terms and Conditions” is a reference to these Terms and Conditions as amended or supplemented at the relevant time;
1.2.4 a Clause or paragraph is a reference to a Clause of these Terms and Conditions or to a Clause of the Agreement, as appropriate; and
1.2.5 a “Party” or the “Parties” refer to the parties to the Agreement.
1.3 The headings used in these Terms and Conditions are for convenience only and shall have no effect upon the interpretation of these Terms and Conditions.
1.4 Words imparting the singular number shall include the plural and vice versa.
1.5 References to any gender shall include the other gender.
1.6 References to persons shall include corporations.
2. Client’s Obligations
2.1 The Client shall book each Training Course via phone call, text or email.
2.2 The Client shall:
2.2.1 ensure that each Delegate meets the prerequisites of the Training Course and that the Training Course meets the Delegate’s and the Client’s requirements; and
2.2.2 provide all relevant information prior to the training session either to a representative of Cherry Training Ltd or to the trainer who will provide the training to the Client.
2.3 The Client shall procure that each Delegate:
2.3.1 is present and remains alert throughout the Training Course;
2.3.2 understands that the first and last 30 minutes of the Training Course are as important as the rest;
2.3.3 is not on a shift that night before the Training Course;
2.3.4 is not on call immediately prior to or during the Training Course or immediately after its scheduled finishing time;
2.3.5 actively participates at all times and in all aspects of the Training Course;
2.3.6 treats the trainer and training equipment with respect; and
2.3.7 is prepared and arrives at the training venue 15 minutes before the schedule start time.
3. Training Course Details
3.1 Cherry Training provides training in conjunction with carefully selected Training Partners. Cherry Training Ltd understands that these Training Partners are suitably qualified and accredited to deliver the Training Courses.
3.2 The contents of Training Course outlines / schedules are intended for guidance only and do not form part of any contract. Cherry Training Ltd reserves the right to make reasonable variations to the content of Training Courses without notice.
3.3 The stated duration of each Training Course is approximate and may vary depending on the number of Delegates attending, their knowledge and practical experience.
4. Fees
4.1 Fees are exclusive of VAT (which will be charged at the appropriate rate) unless stated otherwise.
4.2 The Client shall pay the Fees no later than 14 days before the start of the Training Course.
4.3 If the Fees (or part of them) remain unpaid following the expiry of the period set out in sub-Clause 4.2 above, the amount outstanding shall incur interest on a daily basis at 5% above the base rate of the Bank of England from time to time until payment is made in full of any such outstanding sums.
4.4 No additional fee will be charged if the Client wishes to send a substitute Delegate.
4.5 If the Client wishes to cancel a booking:
4.5.1 the cancellation must be made in writing (including by email) no later than 14 days before the start of the Training Course; and
4.5.2 the notice of cancellation shall not be presumed to have been received unless (in the case of email) it is acknowledged by Cherry Training Ltd or a valid ‘read receipt’ is produced or (in the case of letter) an acknowledgement is received from Cherry Training Ltd by telephone, email or letter.
4.6 If, for any reason, the Client purports to cancel a booking less than 14 days before the start of the Training Course or if the Delegates fail to attend then:
4.6.1 the Fees (if paid) shall not be refundable; or
4.6.2 the Fees (if not paid) shall remain payable in full.
4.7 If, after booking, the Client wishes to change the date of the Training Course and this is acceptable to Cherry Training Ltd, then Cherry Training Ltd reserves the right to charge an administration fee of £25 (plus VAT) per course change.
4.8 Cherry Training shall have the right at any time to postpone or cancel any Training Course at its absolute discretion and without providing reasons. Any Fees paid shall be refunded unless Cherry Training Ltd offers and the Client accepts an alternative date.
5. Liability
5.1 Nothing in these Terms and Conditions nor in the Agreement shall limit or exclude Cherry Training Ltd’s liability for death or personal injury.
5.2 Cherry Training Ltd’s total liability for any loss or damage caused as a result of its negligence or breach of the Agreement shall be limited to 115% of the Fees paid by the Client in the twelve months prior to the act of negligence or breach of the Agreement.
5.3 Cherry Training shall not be liable in respect of any:
5.3.1 indirect or consequential losses, damages, costs or expenses;
5.3.2 losses that arise as a result of the acts or omissions of a Training Partner; 5.3.3 loss of actual or anticipated profits;
5.3.4 loss of contracts;
5.3.5 loss of use of money;
5.3.6 loss of anticipated savings;
5.3.7 loss of revenue;
5.3.8 loss of goodwill;
5.3.9 loss of reputation;
5.3.10 ex gratia payments;
5.3.11 loss of business;
5.3.12 loss of operation time;
5.3.13 loss of opportunity;
5.3.14 loss of damage to or corruption of data;
whether or not such losses were reasonably foreseeable or Cherry Training Ltd had been advised of the possibility of the Client incurring such losses. For the avoidance of doubt, clauses 5.3.4 to 5.3.14 apply whether such losses are direct, indirect, consequential or otherwise.
6. Force Majeure
6.1 Neither Party to the Agreement shall be liable for any failure or delay in performing their 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: power failure, internet service provider failure, 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.
6.2 For the avoidance of doubt, Clause 6.1 shall not apply in respect of any failure by the Client to pay the Fees.
7. Data Protection
7.1 All personal information that Cherry Training Ltd may use will be collected, processed, and held in accordance with the provisions of EU Regulation 2016/679 General Data Protection Regulation (“GDPR”) and the Client’s rights under the GDPR.
7.2 For complete details of Cherry Training Ltd’s collection, processing, storage, and retention of personal data including, but not limited to, the purpose(s) for which personal data is used, the legal basis or bases for using it, details of data subject’s rights and how to exercise them, and personal data sharing (where applicable), please refer to Cherry Training Ltd’s Privacy Policy available at www.cherrytraining.org.uk
8. Third Party Rights
8.1 No part of the Agreement shall confer rights on any third parties and accordingly the Contracts (Rights of Third Parties) Act 1999 shall not apply to the Agreement.
8.2 The Agreement shall continue and be binding on the transferee, successors and assigns of either Party as required.
9. Entire Agreement
9.1 The Agreement contains the entire agreement between the Parties with respect to its subject matter and may not be modified except by an instrument in writing signed by the duly authorised representatives of the Parties.
9.2 Each Party shall acknowledge that, in entering into the Agreement, it does not rely on any representation, warranty or other provision except as expressly provided in the Agreement, and all conditions, warranties or other terms implied by statute or common law are excluded to the fullest extent permitted by law.
10. Severance
10.1 If one or more of the provisions of the Agreement and/or of these Terms and Conditions is found to be unlawful, invalid or otherwise unenforceable, that / those provision(s) shall be deemed severed from the remainder of the Agreement and/or these Terms and Conditions. The remainder of the Agreement and/or these Terms and Conditions shall be valid and enforceable.
11. Law and Jurisdiction
11.1 The Agreement and these Terms and Conditions (including any non- contractual matters and obligations arising from them) shall be governed by, and construed in accordance with, the laws of England.11.2 Any dispute, controversy, proceedings or claim between the Parties relating to the Agreement or these Terms and Conditions (including any non-contractual matters and obligations arising from them) shall fall within the jurisdiction of the courts of England.
