Across Safety Development – Public Course Terms and Conditions
By registering for a course provided by Across Safety Development, you agree to the following Terms and Conditions:
Supplier means Across Safety Development Ltd of Building 1000 Western Road, Portsmouth, England, PO6 3EZ.
Customer the company and/or individual attending the Public Course.
Contract Fee the price of the course/s as set out at https://www.acrosssafety.com/training/
In-House Training training and training courses provided by the Supplier which take place at the Customer’s property or a location nominated by the Customer.
Intellectual Property Rights patents, rights to inventions, copyright and related rights, trade marks, business names and domain names, goodwill and the right to sue for passing off, rights in designs, risk models, rights to use, and protect the confidentiality of, confidential information, and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions, and rights to claim priority.
Order the online registration for a Public Course.
Public Course training and training courses provided by the Supplier at the Supplier’s premises or a location nominated by the Supplier.
Supplier Materials all materials, course manuals, workshop activities, case studies, equipment, documents and other property of the Supplier.
Trainer the person delivering the Services.
2. Supply of Services
2.1 The Supplier shall provide the Public Course to the Customer.
2.2 The Supplier shall have the right to make any changes to the Services which are necessary to comply with any applicable law or safety requirement, or which do not materially affect the nature or quality of the Services, and the Supplier shall notify the Customer in any such event.
2.1 These Conditions shall form the basis of the contract between the Supplier and the Customer in relation to the sale of The Public Course.
2.2 All Orders for The Public Course shall be deemed to be an offer by the Customer to purchase The Public Course from the Supplier pursuant to these Conditions.
2.3 Acceptance of delivery of the Public Course shall be deemed to be conclusive evidence of the Customer’s acceptance of these Conditions.
2.4 These Conditions represent the whole of the Contract between the Supplier and the Customer. They supersede any other conditions previously issued.
The Price shall be the price quoted on the website: https://www.acrosssafety.com/training/
5. Customer’s obligations
5.1 The Customer shall:
5.1.1 Follow any reasonable instructions given by the Trainer. If the Customer does not follow these instructions, they may be asked to leave the training. The Supplier will not reimburse any fees paid or costs incurred by the Customer.
5.1.2 Co-operate with the Supplier in all matters relating to the Services;
5.1.3 Provide the Supplier, its employees, agents, consultants and subcontractors, with access to the Customer's premises as reasonably required by the Supplier to provide In-House Training;
5.1.4 Provide the Supplier with such information and materials as the Supplier may reasonably require to supply the Services, and ensure that such information is accurate in all material respects;
5.1.5 Obtain and maintain all necessary licences, permissions and consents which may be required for the Services before the date on which the Services are to start; and
5.1.6 Keep and maintain all materials, equipment, documents and other property of the Supplier (Supplier Materials) at the Customer's premises in safe custody at its own risk, maintain the Supplier Materials in good condition until returned to the Supplier, and not dispose of or use the Supplier Materials other than in accordance with the Supplier's written instructions or authorisation.
6. Intellectual Property Rights
6.1 All Intellectual Property Rights in or arising out of or in connection with the Services shall be owned by the Supplier. The Customer must not replicate, share or develop any of the Intellectual Property Rights, Supplier Materials or any other information or documents provided during the Services with any other person or business.
6.2 The Customer's re-use of any Intellectual Property Rights is conditional on the Customer obtaining a written licence from the Supplier on such terms as will entitle the Customer to use the Intellectual Property Rights.
6.3 All Supplier Materials are the exclusive property of the Supplier.
7. Termination by the Supplier
7.1 Without limiting its other rights or remedies, the Supplier may terminate the Contract with immediate effect by giving written notice to the Customer if:
5.1.1 within 10 Days of the Public Course commencement date, the Supplier does not have the minimum number of participants for the Public Course;
5.1.2 the Trainer is exposed to illness or injury and a replacement trainer cannot be located.
7.2 The Supplier will contact the Customer as soon as reasonably practicable to inform them that the Services including the Public Course or In-House Training have been withdrawn and will provide the Customer with an alternative date for the Services or a full refund of any monies paid, at the discretion of the Supplier.
7.3 Upon Termination, the Customer must return all of the Supplier Materials to the Supplier within 10 Days.
8. Termination by the Customer
8.1 The Customer may, with the consent of the Supplier, consent not to be unreasonably withheld, terminate the Contract by providing written notice to the Supplier. The Contract will terminate once all fees under clause 6.2 are paid to the Supplier and the Supplier has confirmed receipt of the Customer’s written termination notice.
8.2 If the Customer terminates the Contract:
8.2.1 more than 20 Days before the commencement date of the Services they will be responsible for 50% of the Contract Fee;
8.2.2 less than 20 Days before the commencement date of the Services they will be responsible for the full cost of the Contract Fee.
8.3 The Customer may, instead of termination, send a replacement delegate to the Public Course. The Customer must obtain the Supplier’s permission by informing the Supplier in writing and provide the delegate’s details not less than 2 Days before the Public Course, consent of the Supplier not to be unreasonably withheld. The replacement delegate must bring a signed copy of the Contract to the Public Course.
9. Limitation of Liability
9.1 Nothing in these Conditions shall limit or exclude the Supplier's liability for:
9.1.1 death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors; or
9.1.2 fraud or fraudulent misrepresentation.
9.2 Subject to clause 6.1:
9.2.1 The Supplier shall under no circumstances whatever be liable to the Customer, 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 the Contract; and
9.2.2 the Supplier's total liability to the Customer in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the value of the Order.
9.3 The Supplier will take all reasonable care to ensure that the delivery dates for the The Public Course are complied with. There may be circumstances outside of the Supplier’s control (e.g. Force Majeure or injury or illness of the Supplier’s Consultant) which mean that the delivery dates are delayed. The Supplier shall not in any circumstances be liable for any direct or indirect costs or losses incurred by the Customer as a result of any delay to the delivery dates.
9.4 The Supplier provides the Public Course to the Customer for use with the Customer’s own safety and risk management activities on a purely advisory basis. The Supplier is not liable to the Customer in contract, tort or for any losses, accident or injuries arising from the Customer’s use of the Public Course.
9.5 This clause 6 shall survive termination of the Contract.
10. Force Majeure
10.1 For the purposes of this Contract, Force Majeure Event means an event beyond the reasonable control of the Supplier including but not limited to strikes, lock-outs or other industrial disputes (whether involving the workforce of the Supplier or any other party), failure of a utility service or transport network, act of God, war, terrorism, riot, civil commotion, interference by civil of military authorities, national or international calamity, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm, earthquake, epidemic or similar events, or default of suppliers or subcontractors.
10.2 The Supplier shall not be liable to the Customer as a result of any delay or failure to perform its obligations under this Contract as a result of a Force Majeure Event.
10.3 If the Force Majeure Event prevents the Supplier from providing the Public Course for more than 4 weeks, the Supplier shall, without limiting its other rights or remedies, have the right to terminate this Contract immediately by giving written notice to the Customer.
11. Data Protection
11.1 Each party agrees that it shall, in relation to personal data processed in connection with this Contract (Agreement Data):
11.1.1 Process the Agreement Data in accordance with the Data Protection Act 1998 (1998 Act) and any other applicable data protection legislation;
11.1.2 Process the Agreement Data only so far as is necessary for the purpose of performing its obligations under this Contract;
11.1.3 not disclose or allow access to Agreement Data other than by its employees or third parties engaged to perform obligations pursuant to this Contract, and ensure that such employees or third parties are subject to written contractual obligations concerning the Agreement Data which are no less onerous than those imposed by this Contract.
12.1.1 Any notice or other communication given to a party under or in connection with this Contract shall be in writing, addressed to that party at its registered office (if it is a company) or its principal place of business (in any other case) or such other address as that party may have specified to the other party in writing in accordance with this clause, and shall be sent by prepaid first-class post or if sent by e-mail, once acknowledged.
12.1.2 The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action
12.2 Waiver. A waiver of any right under the Contract or law is only effective if it is in writing and shall not be deemed to be a waiver of any subsequent breach or default. No failure or delay by a party in exercising any right or remedy under the Contract or by law shall constitute a waiver of that or any other right or remedy, nor prevent or restrict its further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.
12.3 No partnership or agency. Nothing in the Contract is intended to, or shall be deemed to, establish any partnership or joint venture between any of the parties, nor constitute either party the agent of another party for any purpose. Neither party shall have authority to act as agent for, or to bind, the other party in any way.
12.4 Third parties. A person who is not a party to the Contract shall not have any rights to enforce its terms.
12.5 Severance. If any provision or part-provision of the Contract is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of the Contract.
12.6 This Contract contains the entire agreement and understanding of the parties relating to the subject matter of this Contract and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between the parties, whether written or oral.
12.7 Variation. Except as set out in these Conditions, no variation of the Contract, including the introduction of any additional terms and conditions shall be effective unless it is agreed in writing and signed by the Supplier.
12.8 Governing law. This Contract and any dispute or claim arising out of or in connection with it 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.
12.9 Jurisdiction. Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this Contract or its subject matter or formation (including non-contractual disputes or claims).