REF: POL-OPS-003 Terms of Service
DATE: 10th May 2018
Our Terms of Service.
These terms apply to training courses provided by safebear Limited, as detailed on the safebear website. In these terms and conditions, safebear Limited is referred to as “safebear” and the party making the booking is referred to as “the Client” (collectively “the Parties” or individually the “Party”), the course details are detailed on the safebear website.
PARTICULAR ATTENTION IS DRAWN TO THE LIMITATIONS AND EXCLUSIONS SET OUT IN SECTION 4
1. The Agreement
1.1. For course bookings made online, the agreement made by the Parties comprises the course(s) selected from safebear's website including the course name(s), date(s) and price(s) (the “Booking”), and these terms and conditions, collectively the “Agreement”.
2. Booking procedure
2.1 The Client may call or email safebear to check the cost and availability of places on the selected course. safebear reserves the right to improve the specification and format of its courses for the benefit of the delegates without notice to the Client.
2.2 The Client may select the course(s) they wish to attend/purchase and pay online by credit card or debit card at point of purchase. Alternatively, the Client may request a booking form.
2.3 Upon payment, safebear will issue to the Client a confirmation of availability in the form of joining instructions which will confirm the specific Booking details. safebear cannot guarantee the specific booking date selected until these joining instructions have been issued.
2.4 As part of the joining instructions issued to the Client, safebear will also provide details of local accommodation. The Client is responsible for booking any accommodation suitable for the delegate’s requirements and safebear can accept no responsibility for the suitability of accommodation. safebear does not provide meals other than lunch on the course.
3. Fees and Payment
3.1 Courses booked online will require immediate payment at time of booking. All payments must be made in UK Pounds Sterling.
3.2 All credit card details are handled securely by Stripe. For more information please see https://stripe.com/help/security
3.3 All fees referred to in the Agreement are exclusive of VAT, sales and similar taxes of any kind.
3.4 Full payment must be received by safebear before the start of the course or the delegate will not be permitted to attend.
4.1 Cancellations are subject to the following fees:
Notice of Cancellation: Charge (% of course costs)
Over 20 working days’ notice or within 14 days of booking: No Charge
11 – 20 working days’ notice: 50%
0 - 10 working days' notice: 100%
4.2 Delegate substitutions can be made at any time without incurring a penalty, assuming substitutes meet the course pre-requisites. Any changes to any booking need to be made in writing and agreed with safebear in advance of the course commencement. Delegates may request a course transfer at any time subject to safebear approval and attendance must be within six months of the original course date. Where transfers requests are received within 20 working days of the course, or are outside the six month re-attendance period, a £100 handling fee will be payable.
4.3 A course booking shall remain valid for 3 years from the date of return of the signed Booking Form.
5. Limitations and Exclusions
5.1 Each Party accepts liability without limit for death or personal injury to any person due to its negligence or the negligence of its employees, or for fraud or fraudulent misrepresentation.
5.2 In respect of any liability other than that falling within clause 5.1 and 7.3, each Party’s total liability arising out of or in connection with the Agreement shall not exceed in aggregate 150% of the total fees payable by the Client under this Agreement.
5.3 The express terms of this Agreement shall apply in place of all warranties, conditions, terms, representations, statements, undertakings and obligations whether expressed or implied by statute, common law, custom, usage or otherwise, all of which are excluded to the fullest extent permitted by law.
6. Intellectual Property and Rights of Use
6.1 The copyright and any other rights, including intellectual property rights in all course materials shall remain the sole and exclusive property of safebear. The copying, transcribing or photographing of any course, materials, computer programs, computer code or digital information produced or supplied as part of any course is prohibited, as is any attempt to disclose, sell or hire the same to any third parties. The use of any such material in whole or in part for the running of any training or refresher courses is expressly prohibited.
7.1 The Client accepts that it is their responsibility to verify that the courses are suitable for the requirements of the delegate attending any particular course and that the delegate has the necessary level of competence to be able to achieve the objectives of the course. The Client confirms it has read and understood the course prerequisites and confirms that the delegate understands and meets these requirements.
7.2 Delegates acknowledge that they will not use any techniques learned during the training in any harmful or malicious ways.
7.3 Delegates warrant and represent that they have no previous convictions under the Computer Misuse Act 1990. Delegates also acknowledge that they will not use the internet facility available to them during the course(s) in an inappropriate, unauthorised or illegal manner including for any activity, practice of conduct which would constitute an offence under the Computer Misuse Act 1990, nor will Delegates use the skills taught as part of the course in an inappropriate, unauthorised or illegal manner including for any activity, practice of conduct which would constitute an offence under the Computer Misuse Act 1990. safebear does not tolerate such usage and is obliged to report it to the relevant authorities where appropriate and the Client shall indemnify safebear for any direct or indirect loss caused as a result of breaching this clause 7.3.
7. Delegates also agree not to make use of the internet facility available to them while training is in progress.
8.1 The Client shall not, either during the provision of the services or for a period of six months from completion, employ or offer employment to any member of safebear’s training team.
9. Data Protection
10. Third Party Rights
10.1 No person or entity other than the Client shall have any rights to enforce any of the terms of the Agreement against safebear.
10.2 safebear does not accept any liability, howsoever arising, under the Agreement to any person or entity other than the Client.
11.1 The Client agrees that safebear may:
11.1.1 Refer to the Client on its client lists.
11.1.2 Refer to the nature of the services contracted for provided that the Client is not identified.
12. Force Majeure
12.1 It may occasionally be necessary to cancel, reschedule or relocate courses or substitute an instructor. safebear will use its reasonable endeavours to avoid changes of this nature and all delegates will be notified in advance of any change. safebear shall not be liable for any costs associated with any failure to notify delegates in advance of such changes where such failure is as a result of circumstances outside the reasonable control of safebear and neither party will have a right to terminate this Agreement in such circumstances.
13.1 If any provision or part of a provision of the Agreement is held to be invalid, illegal or unenforceable that part shall be severed and the remaining provisions shall continue to be valid and enforceable as if the Agreement had been executed with the invalid provision omitted.
14. Entire Agreement
14.1 This Agreement constitutes the entire and only agreement in relation to the services and deliverables and supersedes all prior agreements, representations, understandings or discussions. Any terms or conditions which the Client purports to apply under any purchase order, confirmation of order, specification or other document do not form part of this Agreement. The Client acknowledges that any agreement, representation, understanding or discussion it wishes to rely upon has been recorded in the Agreement. The Client acknowledges that no reliance has been placed upon any agreement, representation, understanding or discussion that has not been embodied in this Agreement.
15. Applicable Law & Jurisdiction
15.1 The Agreement shall be governed by and construed in accordance with the laws of England and Wales.
15.2 Any dispute arising out of or in connection with the Agreement will be subject to the exclusive jurisdiction of the English Courts.