These terms and conditions (the “Terms”) shall apply to your purchase of any course from us. Please ensure that you read and accept these Terms prior to submitting a Booking Form.

1. INTERPRETATION

1.1 Definitions

Booking Form/Order – means your confirmation to purchase a Course.

Contract – the contract between us and you/your organisation for the supply of Services in accordance with these Conditions.

Course – means the teaching service offered by us and purchased by you/your organisation.

Default – has the meaning set out in 4.2.

Data Controller - has the meaning set out in section 3(6) of the Data Protection Act 2018.

Data Subject - an individual who is the subject of Personal Data.

Delegate – means the person who will be undertaking the Course.

Fee – means the price payable for the full Course.

In-house Course means a Course delivered exclusively for members of one organisation.

Intellectual Property Rights – means patents, rights to inventions, copyright and related rights, trade marks, business names and domain names, rights in get-up, goodwill and the right to sue for passing off, rights in designs, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how), 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 of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.

Materials – means the learning documentation and supplies, provided by us to you, both in hard and electronic format.

Online Access – means access to online services including the Wellbeing Ambassador Network.

Personal Data - has the meaning set out in section 3(2) of the Data Protection Act 2018 and the GDPR and relates only to personal data, or any part of such personal data, in respect of which you are the Data Controller and in relation to which we are providing services under this agreement.

Processing and Process - have the meaning set out in section 3(4) of the Data Protection Act 2018 and the GDPR.

Services – the services supplied by us to you/your organisation as set out in the Booking Form/Order.

Terms – these terms and conditions as amended from time to time in accordance with 13.6.

We/Us/Our – refers to Goldcrest Training (Goldcrest), having its head office at Sherwood House 41 Queens Rd Farnborough Hants GU14 6JP.

Website – means https://www.goldcresttraining.com or any other website or Virtual Learning Environment (VLE) we may designate from time to time.

You/Your – means the Delegate and/or the person or organisation which has purchased the Course on behalf of the Delegate, as the case may be.

1.2 Interpretation

1.2.1. A reference to a statute or statutory provision is a reference to it as amended or re-enacted. A reference to a statute or statutory provision includes any subordinate legislation made under that statute or statutory provision, as amended or re-enacted.

1.2.2. Any phrase introduced by the terms including, include, in particular or any similar expression, shall be construed as illustrative and shall not limit the sense of the words preceding those terms.

1.2.3. A reference to writing or written includes fax and email.

2. GENERAL

2.1 The Booking Form/Order constitutes an offer by you to purchase Services in accordance with these Conditions.

2.2 Any samples, drawings, descriptive matter or advertising issued by the Supplier, and any descriptions or illustrations contained in the Supplier’s catalogues or brochures, are issued or published for the sole purpose of giving an approximate idea of the Services described in them. They shall not form part of the Contract or have any contractual force.

2.3 These Terms apply to the Contract 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.

2.4 By completing and submitting a Booking Form/Order in writing to us, you agree that you have read, understood and accepted these Terms and a binding contract will be entered into. If, for any reason, we are unable to accept your booking, we will inform you of this in writing. You should retain a copy of these Terms for future reference.

2.5 You should ensure that any information you provide to us (including without limitation your name, address and bank details) is complete, accurate and current and that you notify us immediately of any changes in the details with which you registered to gain online access or purchase Course(s).

2.6 Due to the changing nature of training courses and our commitment to continuous improvement, Goldcrest reserves the right to amend, substitute, modify and/or improve the content, format or delivery of any Course (in whole or in part) from time to time. Reasons for this may include (without limitation) changes to qualifications made by appropriate certifying bodies, and ongoing improvements or efficiencies which may be required by us. Such changes may be made without your prior consent.

2.7 Goldcrest reserves the right to ask a Delegate to leave a training course if it is felt that they are unable to participate and contribute to the learning on the course. This includes inappropriate behaviour and actions that are detrimental to the learning received by other participants on the course. All Delegates are expected to have an appropriate understanding of the English language to be able to fully participate in their chosen Course.

2.8 We reserve the right to suspend any web-related services (including but not limited to the Website) without prior notice.

3. CONFIDENTIALITY

3.1 Goldcrest and the Delegate shall keep confidential any information relating to either party which is either marked ‘confidential’ or which ought to be reasonably assumed is confidential and which is disclosed by the other party and shall only use such information in relation to the provision of Courses.

3.2 Each party undertakes that it shall not at any time and for a period of five years after termination of the Contract, disclose to any person any confidential information concerning the business, affairs, customers, clients or suppliers of the other party, except as permitted by clause 3.3.

3.3 Each party may disclose the other party’s confidential information:

3.3.1 to its employees, officers, representatives, subcontractors or advisers who need to know such information for the purposes of carrying out the party’s obligations under the Contract.

3.3.2 Each party shall ensure that its employees, officers, representatives, subcontractors or advisers to whom it discloses the other party’s confidential information comply with this clause 3 and as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority.

3.4 Neither party shall use the other party’s confidential information for any purpose other than to perform its obligations under the Contract.

4. YOUR OBLIGATIONS

4.1 You shall:

4.1.1 ensure that the terms of the Booking Form/Order are complete and accurate;

4.1.2 co-operate with us in all matters relating to the Services;

4.1.3 provide us with such information and materials we may reasonably require in order to supply the Services, and ensure that such information is accurate in all material respects;

4.1.4 obtain and maintain all necessary licences, permissions and consents which may be required before the date on which the Services are to start; and

4.1.5 keep and maintain all our loan materials, equipment, documents and other property in safe custody at your own risk, maintain the loan materials in good condition until returned to us, and not dispose of or use the materials other than in accordance with our written instructions or authorisation.

4.2 If our performance of any of our obligations under the Contract is prevented or delayed by any act or omission by you or failure by you to perform any relevant obligation:

4.2.1 we shall without limiting our other rights or remedies have the right to suspend performance of the Services until you remedy the Default, and to rely on the Default to relieve it from the performance of any of its obligations to the extent the Default prevents or delays our performance of any of our obligations;

4.2.2 we shall not be liable for any costs or losses sustained or incurred by you arising directly or indirectly from our failure or delay to perform any of our obligations as set out in this 4.2; and

4.2.3 you shall reimburse us on written demand for any costs or losses sustained or incurred by us arising directly or indirectly from the Default.

5. PAYMENT

5.1 Payment Terms

5.1.1 Receipt of a completed Booking Form/Order instructs us to issue a formal invoice, 50% of which is payable upon issue, and which must be settled in full within the earlier of 14 days prior to the first day of the Course, or 30 days of issue of the invoice.

5.1.2 Once an invoice is issued any amendments at your request to the amount or terms will incur an administration fee of £35.

5.1.3 Payment can be made by debit, credit card

5.1.4 Subject to Clause 8, all fees are non-refundable.

5.1.5 VAT is not applicable.

5.1.6 Prices are liable to change at any time, but changes will not affect Booking Forms/Orders already accepted.

5.1.7 If we do not receive the Fee in accordance with these Terms, we reserve the right to refuse our Services and your registration on to, or attendance at the Course.

5.1.8 It is your responsibility to ensure that you and/or the Delegate(s) complete the course booked. You shall be liable to pay the fee even if you or the Delegates do not complete the Course..

5.1.9 In the event of late payment of the Fee, we reserve the right to charge interest on all outstanding sums at the rate of 5% above the Bank of England’s base rate per annum accruing daily from 30 days after we have received a Booking Form/Order from you until the date that payment is made.

5.1.10 Save for a claim set out in 9.5, you acknowledge and agree that you will not be entitled to make any claim or bring legal proceedings in respect of any refund, credit note, overpayment or other repayment, howsoever arising, six years after the date on which the relevant payment was made (‘the Limitation Period’).

5.1.11 In the event that we need to recover any monies due from you to us (including any pre-issue costs), you will be liable for reimbursement.

5.2 Offers and Discounts

5.2.1 From time to time, we may inform you of special offers and/or discounts on our Website or via email. If you do not wish to receive such information you can unsubscribe at any time, in line with GDPR. All offers and discounts are made at our discretion and can be withdrawn by us at any time, for any reason and without prior notice.

5.2.2 Offers and discounts only apply in the stated period to the stated products and cannot be used in conjunction with any other offer.

5.2.3 Offers and discounts cannot be applied retrospectively to Courses already booked or invoiced. You cannot cancel or defer a Course or transfer to another Course in order to take advantage of a special offer or discount.

5.4 Payment terms for Consultancy, Bespoke delivery and other services

5.4.1 Goldcrest also provides consultancy and services which are tailored to the needs of the client. Payment for such services are determined on a case by case basis. Please email us for further details.

6. INTELLECTUAL PROPERTY RIGHTS

6.1 All intellectual property rights in all Goldcrest course Materials belong to and shall remain the property of Goldcrest or our licensors. The Delegate nor any other person shall obtain any Intellectual Property Rights in any Goldcrest or licensor course Materials.

6.2 You shall ensure that Goldcrest or licensor course materials with which you are supplied by Goldcrest are only made available to and accessed by you and you must not make available, copy, disseminate, sub-license, distribute, sell, publish, broadcast or otherwise supply in any medium any such materials to any third party.

6.3 Where Online access is granted by Goldcrest you agree that: a) the licence granted to you to access the content on the VLE shall be personal to you and you should take all reasonable precautions to ensure that your login details are kept secure and not provided to any other party. You shall comply at all times with the rules of the VLE as applicable, and b) upon termination or in circumstances where payment has not been received by us in respect of the Course in full we may suspend or terminate your Online access.

6.4 You acknowledge that we own the Trade Marks and that you may not use any of them without prior written permission. You understand that other products, company names and logos mentioned or displayed in the Materials, Website or our other content may be the Trade Marks, service marks or trading names of third parties.

6.5 The Delegate shall indemnify Goldcrest against all liability, loss, damage, costs and expenses (including legal costs), whether direct or indirect, incurred by Goldcrest arising out of any breach of any of these provisions.

7. USE OF YOUR DATA

7.1 Any personal information or Personal Data collected by us will be used by the relevant party in accordance with the Data Protection Act 2018 and GDPR and our Privacy Policy (as set out on our Website).

7.2 We will take reasonable and appropriate measures to keep Delegates’ personal information secure. Any disclosures of information will be made only with your permission.

7.3 You acknowledge that for the purposes of GDPR, you are the data controller and we are the data processor in respect of any personal data.

7.4 We shall process the Personal Data only in accordance with your instructions from time to time and shall not process the Personal Data for any purposes other than those expressly authorised by you.

7.5 You acknowledge that we are reliant on you for direction as to the extent to which we are entitled to use and process the Personal Data. Consequently, we will not be liable for any claim brought by a Data Subject arising from any action or omission by us, to the extent that such action or omission resulted directly from your instructions.

7.6 We may use your name, email address and telephone number to contact you for any matter relating to other courses in which we legitimately feel you may be interested. You can unsubscribe from such contact at any time in line with GDPR.

7.7 We may use your name, email address, telephone number and home address if we need to contact you relating to a course or qualification.

7.8 We will process the data with which you provide us, or other information that we obtain about you during any of our dealings with you, to provide credit, to help us make credit decisions about you, to prevent fraud, to check identity, to prevent money laundering and to assess your application, to administer the Agreement, to collect instalments (including via third party collection agencies). We may search the files of credit reference agencies who will record such credit searches. Any offer of credit is subject to age and status.

8. CANCELLATION AND TRANSFER

8.1 Your right to cancel or transfer

8.1.1 If you are a consumer (self-funding Delegates only), you have a statutory right to a 14 day cooling off period from the date of the signed booking form or email confirmation during which time you may cancel your booking by putting your request in writing to info@goldcresttraining.com. After this time you must pay for the Course you have booked.

8.1.2 In addition to any statutory right to cancel you may cancel a Course or transfer (to either a different Course or the same Course at a different time), subject to the following fees (calculated as a percentage of the Fee):

8.1.2.1. 0-10 days before course start date - Cancellation fee 100%

8.1.2.2. 11-30 days before course start date - Cancellation fee 50% ; or Transfer fee 30%

8.1.2.3. 31 + days before course start date - Cancellation fee 20% ; or Transfer fee 10%

8.1.3 All Booking Forms/Orders where discounts have been applied shall be subject to a minimum cancellation fee of 100% and a minimum transfer fee of 50% regardless of when the cancellation or transfer was notified.

8.1.4 There is a minimum cancellation fee of £100 if a course is offered free of charge due to a special offer and cancelled within five days of the start date.

8.1.5 In addition to the fees listed above, we reserve the right to charge an administration fee of £35 for any cancellation or transfer.

8.1.6 Should you wish to transfer:

8.1.6.1. if the deferred or new Course is of lesser value, the difference will not be refunded; or

8.1.6.2. if the deferred or new Course is of greater value, you will need to pay the balance.

8.1.7 If the Delegate fails to attend the course, for whatever reason, the full Course Fee is payable.

8.2 Termination or cancellation by Goldcrest

8.2.1 We reserve the right to cancel, reschedule or change the location of your Course delivery at any time and we will not be liable for any expenses incurred by you associated with any such change.

8.2.2 We may terminate this contract with immediate effect and without refunding the Fee to you if:

8.2.2.1. you are in breach of these Terms and such breach is incapable of remedy; or

8.2.2.2. you have failed to remedy such breach within seven days of notification; or

8.2.2.3. in our reasonable opinion, you are abusing the Course, Materials or the VLE, or acting in any way which interferes with our intellectual property rights or damages our reputation.

8.3 In the event of termination or cancellation, you shall upon demand return all materials which have not been paid for within seven days.

9. LIMITATION OF LIABILITY

9.1 We will not be liable to you for any claims, liabilities, losses, damages, costs, expenses, fines and/or penalties unless they are caused directly by our negligence and/or breach of these Terms.

9.2 We shall not be liable to you for any (a) loss of profit, revenue, business, opportunity, goodwill, interest or savings, whether direct or indirect, howsoever arising, (b) for any consequential, economic, indirect or special loss howsoever arising.

9.3 Subject to 9.5, under no circumstances shall our total liability to you (whether in contract, tort (including negligence), breach of statutory duty or otherwise) arising in connection with the Contract exceed the Fee.

9.4 We cannot guarantee that the VLE or the software is free from computer viruses or any other malicious or impairing computer programme. You should therefore ensure that you employ all reasonable precautions when accessing the VLE or downloading software. Occasionally, technical inaccuracies and typographical errors may appear on the pages of the VLE.

9.5 Neither party shall exclude or limit their liability to the other for (a) death or personal injury caused by negligence, (b) fraud or fraudulent misrepresentation, or (c) any other liability which by law cannot be excluded or limited.

9.6 Neither party shall be liable for any failure or delay in performing their obligations under these Terms if such failure or delay was caused by any event outside that party’s reasonable control.

9.7 The terms implied by sections 3 to 5 of the Supply of Goods and Services Act 1982 are, to the fullest extent permitted by law, excluded from the Contract.

9.8 This clause 9 shall survive termination of the Contract.

10. FORCE MAJEURE

10.1 Neither party shall be in breach of this Contract nor liable for delay in performing, or failure to perform, any of its obligations under this Contract if such delay or failure result from events, circumstances or causes beyond its reasonable control.

11. COMPLAINTS AND QUERIES

11.1 Goldcrest works hard to provide a quality service and on the rare occasion a complaint does arise, our aim is to resolve the matter quickly.

11.2 If you have any queries about your course or wish to make a complaint, please contact info@goldcresttraining.com within ten working days of the incident. The complaint should be in writing as a formal letter/email of complaint.

12. CODE OF CONDUCT

12.1 You shall comply with all reasonable instructions or directions given by us in respect of the Courses, Materials, and our premises and property. You shall not do anything which adversely affects our rights and interests, including but not limited to:

12.1.1 copying, reproducing, modifying, redistributing or in any way commercially exploiting the Courses, Materials, Website, VLE or other content (other than as allowed under these Terms);

12.1.2 damaging, interfering with or disrupting access to our Website or electronic services or doing anything which may interrupt or impair their functionality;

12.1.3 making available, uploading, or distributing by any means any material or files that contain any viruses, bugs, corrupt data or any other harmful software;

12.1.4 falsifying the true ownership of the Courses, Materials, Website, VLE and other content;

12.1.5 obtaining or attempting to obtain unauthorised access, through whatever means, to the Courses, Website, VLE our services, computer systems, or network, or those belonging to any of our partner organisations; and

12.1.6 setting up links from any website controlled by you to our Website or our services or other content, without our express written permission.

13. OTHER IMPORTANT TERMS

13.1 Each provision of these Terms is severable and distinct from the others. If a provision of these Terms is held to be or becomes illegal, invalid or unenforceable in any respect by a court or relevant authority of competent jurisdiction, it shall to that extent be deemed not to form part of these Terms but this shall not affect the legality, validity or enforceability of the remainder of these Terms which shall continue in full force and effect.

13.2 If either party does not exercise any right or remedy under these Terms, this will not be taken to mean that such right or remedy has been waived.

13.3 You may not transfer your rights or obligations under these Terms to anyone else unless we have given permission in writing. For the avoidance of doubt, this includes the substitution of delegates.

13.4 The Courses, VLE content and Materials provided by us do not constitute and cannot be relied upon for legal advice. You should consult a solicitor for legal advice. Neither we nor our employees, trainers or consultants accept responsibility for your actions or losses, or those of third parties with access to the Courses and/or Materials, as a result of reliance on the Courses and/or Materials as legal advice.

13.5 Entire agreement.

13.5.1 This agreement constitutes the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.

13.5.2 Each party agrees that it shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in this agreement. Each party agrees that it shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement.

13.6 Variation

13.6.1 No variation of the Contract shall be effective unless it is in writing and signed by the parties (or their authorised representatives).

13.7 Waiver

13.7.1 A waiver of any right or remedy is only effective if given in writing and shall not be deemed a waiver of any subsequent breach or default. A delay or failure to exercise, or the single or partial exercise of, any right or remedy shall not:

13.7.1.1. waive that or any other right or remedy; or

13.7.1.2. prevent or restrict the further exercise of that or any other right or remedy.

13.8 Severance

13.8.1 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 shall not affect the validity and enforceability of the rest of the Contract.

13.9 Third parties

13.9.1 A person who is not a party to this contract shall have no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any of the Terms. For the avoidance of doubt, where a person or organisation has purchased the Course on behalf of a Delegate, such person /organisation shall be a party to this contract and shall be responsible for ensuring compliance by the Delegate(s) with these Terms.

13.10 Governing law

13.10.1 These Terms shall be subject to the laws of England and Wales and the parties submit to the exclusive jurisdiction of the courts of England and Wales.

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