Terms and Conditions
1.1 When the following words with capital letters are used in these Terms, this is what they will mean:
(a) Event Outside Our Control: is defined in clause 7.2;
(b) Order: your order for the Training Courses made using the order process on our Website;
(c) Training Courses: the training courses and other training related services that We are providing to you as set out in the Order;
(d) Terms: the terms and conditions set out in this document;
(e) We/Our/Us: Safety and Management Solutions Limited, a company incorporated and registered in England and Wales with company number 05121151 and whose registered office is at 99 Canterbury Road, Whitstable, Kent CT5 4HG; and
(f) Website: www.samsltd.co.uk.
1.2 When We use the words “writing” or “written” in these Terms, this will include e-mail unless We say otherwise.
2. Our contract with you
2.1 These are the terms and conditions on which We shall supply the Training Courses to you. These Terms apply to the exclusion of any other terms that you seek to impose or incorporate, or which are implied by trade, custom, practice or course of dealing. For the avoidance of doubt, in relation to the Training Courses only, these Terms shall apply to the exclusion of any other agreement We have with you.
2.2 The Order and these Terms constitute the entire agreement between Us and you. Please ensure that you read these Terms carefully, and check that the details on the Order and in these Terms are complete and accurate, before you submit the Order. If you think that there is a mistake, please contact Us to discuss. We will confirm any changes in writing to avoid any confusion between you and Us.
2.3 When you sign and submit the Order to Us, this does not mean We have accepted your order for the Training Courses. Our acceptance of the Order will take place as described in clause 2.4. If We are unable to supply you with the Training Courses, We will inform you of this and We will not accept the Order. For example, the dates requested in your Order may no longer be available and we may have to invite you to place a new Order on an alternative date.
2.4 These Terms will become binding on you and Us when We issue you with a written acceptance of an Order, at which point a contract will come into existence between you and Us. This written acceptance will be sent to the e-mail address specified in your Order. On purchasing an e learning course you are confirming that when you sit the courses you are who you say you are and that you have sat the course yourself without and external assistance. If you are an organisation purchasing multiple courses you are confirming that you will distribute the course courses to you staff and that you are insuring the staff members completing the courses are who they say they are and that they are completing the course without any external assistance.
2.5 If any of these Terms conflict with any term of the Order, the Order will take priority.
3. Changes to order
3.1 Following our acceptance of your Order in accordance with clause 2.4, you are not entitled to change your Order without our agreement in writing. We may refuse any request to change an Order.
3.2 If you wish to cancel an Order before it has been fulfilled, please see your right to do so in clause 8.
4. Providing the Training Courses
4.1 We will supply the Training Courses to you at the times and dates set out in the Order and confirmed in our acceptance of the Order pursuant to clause 2.4.
4.2 We will use reasonable endeavours to provide the Training Courses at the agreed times and dates. However, there may be delays due to an Event Outside Our Control. See clause 7 for Our responsibilities when an Event Outside Our Control happens.
4.3 We need certain information from you that is necessary for Us to provide the Training Courses, including all the information requested when placing an Order using the Website. We will contact you in writing if any additional information is required. If you do not provide Us with this information, or you provide Us with incomplete or incorrect information, We may suspend the Training Courses or part of the Training Courses (e.g. the provisions of food) by giving you written notice. We will not be liable for any delay or non-performance where you have not provided this information to Us after We have asked. If we suspend the Training Courses under this clause 4.3, this does not affect your obligation to pay.
4.4 We may have to suspend the Training Courses if We have to deal with technical problems. We will contact you to let you know in advance where this occurs, unless the problem is urgent or an emergency. You do not have to pay for the Training Courses while they are suspended under this clause 4.4.
4.5 If you do not pay Us for the Training Courses when you are supposed to as set out in clause 5.3, We may suspend the Training Courses with immediate effect until you have paid Us the outstanding amounts. We will contact you to tell you this.
4.6 We will own the copyright, design right and all other intellectual property rights connected to the Training Courses and any training materials, resources and information provided in connection with the Training Courses. You may not reproduce or make copies of any materials or resources provided in connection with the Training Courses without our written consent.
5. Price and payment
5.1 The price of the Training Courses is on our Website and will be confirmed to you in the process of placing your Order and again in our acceptance of your Order. These prices include VAT.
5.2 Our prices may change at any time, but price changes will not affect existing Orders that We have confirmed with you.
5.3 We require the full price for the Training Courses to be paid upfront before we accept an Order.
5.4 We shall not be obliged to accept your Order or provide the Training Courses until we receive the full amount.
6. Our liability to you
6.1 We would draw your attention in particular to this clause.
6.2 We shall not be liable to you, whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising under or in connection with this agreement for loss of profit, loss of business, business interruption, or loss of business opportunity as a result of our failure to comply with these Terms.
6.3 Subject to clause 6.2, our total liability to you, whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising under or in connection with this agreement shall be limited to the aggregate value of the Training Courses specified in the Order (at the date of our acceptance).
6.4 We do not exclude or limit in any way Our liability for:
(a) death or personal injury caused by Our negligence or the negligence of Our employees, agents or subcontractors;
(b) fraud or fraudulent misrepresentation;
(c) breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession) or any other liability which cannot be limited or excluded by applicable law.
7. Events Outside Our Control
7.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of Our obligations under these Terms that is caused by an Event Outside Our Control.
7.2 An Event Outside Our Control means any act or event beyond Our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks.
7.3 If an Event Outside Our Control takes place that affects the performance of Our obligations under these Terms:
(a) We will contact you as soon as reasonably possible to notify you; and
(b) Our obligations under these Terms will be suspended and the time for performance of Our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects Our performance of Training Courses to you, We will restart the Training Courses as soon as reasonably possible after the Event Outside Our Control is over.
7.4 You may cancel the contract if an Event Outside Our Control takes place and you no longer wish Us to provide the Training Courses. Please see your cancellation rights under clause 8. We will only cancel the contract if the Event Outside Our Control continues for longer than two weeks in accordance with Our cancellation rights in clause 8.
8. Your rights to cancel and applicable refund
8.1 Before We begin to provide the Training Courses, you have the following rights to cancel an Order for the Training Courses:
(a) You may cancel any Order for Training Courses within four calendar days of placing an Order by contacting Us. We will confirm your cancellation in writing to you.
(b) You may cancel any Order where the Training Courses are affected by an Event Outside Our Control. We will confirm your cancellation in writing to you.
(c) If you cancel an Order under clause 8.1(a) or 8.1(b), We will refund the sums paid by you in respect of the Training Courses cancelled (less any reasonable bank transfer costs).
9. Our rights to cancel and applicable refund
9.1 We may have to cancel an Order before the start date for the Training Courses, due to an Event Outside Our Control or the unavailability of key personnel or key materials without which We cannot provide the Training Courses. We will promptly contact you if this happens.
9.2 If We have to cancel an Order under clause 9.1 and you have made any payment in advance for Training Courses that have not been provided to you, We will refund these amounts to you.
9.3 We may cancel the contract for Training Courses at any time with immediate effect by giving you written notice if:
(a) you do not pay Us when you are supposed to as set out in clause 5.3; or
(b) you break the contract in any other material way and you do not correct or fix the situation within two calendar days of Us asking you to in writing.
10. Information about us and how to contact us
10.1 We are a company registered in England and Wales. Our company registration number is 05121151 and Our registered VAT number is 794890072. We use ‘SAMS’ as a trading name and trading logo.
10.2 If you have any questions or if you have any complaints, please contact Us. You can contact Us by telephoning Our customer service team at 01304 249699 or by e-mailing Us at firstname.lastname@example.org.
10.3 If you wish to contact Us in writing, or if any clause in these Terms requires you to give Us notice in writing (for example, to cancel the contract), you can send this to Us by e-mail, by hand, or by pre-paid post to Safety and Management Solutions Limited, Innovation House, Innovation Way, Sandwich, Kent, CT13 9FF or to email@example.com. We will confirm receipt of this by contacting you in writing. If We have to contact you or give you notice in writing, We will do so by e-mail, by hand, or by pre-paid post to the address you provide to Us in the Order.
11. How we may use your personal information
11.1 We will use the personal information you provide to Us to:
(a) provide the Training Courses;
(b) process your payment for such Training Courses; and
(c) inform you about similar products or services that We provide, but you may stop receiving these at any time by contacting Us.
11.2 You agree that We may pass your personal information to credit reference agencies and that they may keep a record of any search that they do.
11.3 We will not give your personal data to any other third party.
12. Other important terms
12.1 We may transfer Our rights and obligations under these Terms to another organisation, and We will always notify you in writing if this happens, but this will not affect your rights or Our obligations under these Terms.
12.2 You may only transfer your rights or your obligations under these Terms to another person if We agree in writing.
12.3 This contract is between you and Us. No other person shall have any rights to enforce any of its terms.
12.4 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
12.5 If We fail to insist that you perform any of your obligations under these Terms, or if We do not enforce Our rights against you, or if We delay in doing so, that will not mean that We have waived Our rights against you and will not mean that you do not have to comply with those obligations. If We do waive a default by you, We will only do so in writing, and that will not mean that We will automatically waive any later default by you.
12.6 These Terms are governed by English law. You and We both agree to submit to the exclusive jurisdiction of the English courts. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.