Terms & Conditions

TERMS & CONDITIONS

ABOUT US

Trainetics (which is the trading name of Trainetics Limited, with registered company number 11986982 and collectively referred to as “Trainetics”, “we”, “us” and “our”) is a limited liability company registered in England and Wales under number 11986982. Our registered office is 28 Church Lane, Yarnton, Oxfordshire, OX5 1PY and principal place of business is British Airways, Global Learning Academy, Technical Block A, Vanguard Way, London Heathrow Airport, TW6 2PL.

DEFINITIONS

You - A user of the website, a participant and/or booking agent on any of our courses.

Users - The users of the website collectively.

Training - All Course content devised and/or delivered by Trainetics, in whatever format, whether written, oral or digital and including content provided prior, during or pursuant to your attendance on a Course or Courses.

Customer - The party to whom the service is rendered.

Course - Any Training event arranged, held and/or delivered by Trainetics whether advertised or bespoke, including content delivered in an online and/or digital format.

Agreement - The contractual agreement existing between Trainetics and You including your acceptance of the Terms and Conditions set out here, in the Booking Form, Privacy and Cookie Policy and together with our obligations to You also set out herein.

Personal Information - The details provided by you on registration.

United Kingdom - England, Wales, Scotland, Northern Ireland and the Channel Islands.

TERMS OF USE

These terms of use (together with the documents herein referred to) set out the terms of use on which you may make use of our website (www.trainetics.co.uk), (our “Site”). Use of our Site includes accessing and browsing our Site.

Please read these terms of use carefully before you start to use our site, as these will apply to your use of our Site. We recommend that you print a copy of this for future reference.

By using our Site, you confirm that you accept these terms of use and that you agree to comply with them. If you do not agree to these terms of use, you must not use our Site.

OTHER APPLICABLE TERMS

These terms of use refer to our Privacy and Cookie Policy, which also applies to your use of our Site.

Our Privacy and Cookie Policy sets out the terms on which we process any personal data we collect from you, or that you provide to us, and sets out information about the cookies on our Site.

CHANGES TO THESE TERMS OF USE

We may occasionally update these terms of use.

When we do, we will revise the “last updated” date at the bottom of the Terms of Use. Please ensure that you frequently check this Terms of Use for any updates.

However, please note that any of the content on our Site may be out of date at any given time, and we are under no obligation to update it.

CHANGES TO OUR SITE

We do not guarantee that our site, or any content on it, will be free from errors or omissions.

ACCESSING OUR SITE

Our site is made available free of charge.

We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. Access to our site is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our site without notice.

We will not be liable to you if for any reason our site is unavailable at any time or for any period.

You are responsible for making all arrangements necessary for you to have access to our site. To the extent we process any data submitted by you, we will process that data in compliance with the appropriate data protection legislation then in force.

You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

INTELLECTUAL PROPERTY RIGHTS

We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

You may print off one copy, and may download extracts, of any page(s) from our site for your personal use and you may draw the attention of others within your organisation to content posted on our site.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.

You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.

If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

NO RELIANCE ON INFORMATION

Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up-to-date.

LIMITATION OF OUR LIABILITY

Nothing in these terms of use excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.

To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our site or any content on it, whether express or implied.

We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with the use of our site.

If you are a business user, please note that in particular, we will not be liable for:

use of, or inability to use, our site;
use of or reliance on any content displayed on our site;
loss of profits, sales, business, or revenue;
business interruption;
loss of anticipated savings;
loss of business opportunity, goodwill or reputation; or
any indirect or consequential loss or damage.

If you are a consumer user, please note that we only provide our site for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any content on it, or on any website linked to it.

We assume no responsibility for the content of websites linked on our site. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.

VIRUSES

We do not guarantee that our site will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programmes and platform in order to access our site. You should use your own virus protection software.

You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site.

You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.

LINKING TO OUR SITE

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link to our site in any website that is not owned by you.

Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page.

We reserve the right to withdraw linking permission without notice.

If you wish to make any use of content on our site other than that set out above, please email info@trainetics.co.uk.

THIRD PARTY LINKS AND RESOURCES ON OUR SITE

Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only.

We have no control over the contents of those sites or resources.

COURSE TERMS & CONDITIONS

By booking and attending any of our courses, you agree to adhere to and be bound by the following course terms and conditions:

1.0 Trainetics Services: Except where Training is cancelled under clause 5.0, Trainetics agrees to provide Training in respect of all confirmed bookings.

2.0 General: Trainetics shall carry out or arrange the completion of the Training defined above and the Customer shall pay for such Training provided. All prices quoted are valid for 14 days only.

3.0 Customer's Responsibilities: The Customer must ensure that it and all Course participants:

3.1 Comply with their obligations set out in Course Booking Form.

3.2 Ensure that all information they provide to Trainetics is complete and accurate.

3.3 Ensure that no Trainetics training, materials and/or software (whether original or copies) is disclosed or made available to any person other than those attending the Course.

3.4 Co-operate with Trainetics in relation to this Agreement and performance of it.

3.5 Procure that all Course Participants fully comply with all requirements and instructions given by Trainetics's personnel during such Courses and at the Locations in relation to all health, safety and security requirements and such other requirements and instructions as Trainetics notifies to the Customer including before a Course from time to time.

3.6 Provide Trainetics with such information and materials and access as Trainetics may reasonably require, from time to time, in order to provide Training under this Agreement.

3.7 Keep and maintain all materials, equipment (including computer hardware), documents and other property of Trainetics (Trainetics Materials) given to the Customer or Course Participants in safe custody and in good condition at the Customer's risk, until returned to Trainetics, and not dispose of or use the Trainetics Materials other than in accordance with the Trainetics's written instructions or authorisation and return any such things immediately on Trainetics's request.

3.8 Comply with and shall ensure that Course Participants comply with all Relevant Laws.

3.9 Adhere to Trainetics IT policies.

4.0 Charges: Unless otherwise agreed by a duly authorised representative of Trainetics in writing, the price to be paid for the services shall be the price stated on this website. Customers shall pay before the course date.

5.0 Cancellation of Training: Training booked by the Customer can only be cancelled or moved by Trainetics for technical or operational reasons beyond the reasonable control of Trainetics.

5.1 If Trainetics cancels the Booking, under clause 4.0 the Charges for Training shall be cancelled and Trainetics will use its reasonable endeavours to procure an alternative booking for the Customer as soon as practicable.

6.0 Force Majeure: Neither party shall have any liability or be deemed to be in default for any delays or failure in performance under this Agreement resulting from acts beyond its control, including but not limited to acts of God, acts or regulations of any governmental or supranational authority, war or national emergency, accident, fire, strikes, lock-outs, industrial disputes or epidemics.

6.1 If a party is unable to perform its obligations under the Agreement because of acts beyond its control for a period exceeding 31 days then either party may terminate this Agreement forthwith by giving notice to the other.

7.0 Liability, Indemnity and Insurance: The Customer shall indemnify Trainetics and keep Trainetics indemnified from and against any and all loss, damage or liability suffered and legal fees and costs incurred by Trainetics resulting from the Customer's breach of this Agreement including any act, neglect or default of the Customer.

7.1 Trainetics shall not be liable to the Customer or to any third party for any liabilities, claims, costs, expenses, damages, losses, demands and proceedings (including any direct, indirect or consequential losses), howsoever arising and of whatsoever nature whether in contract, tort, statute or otherwise at law howsoever arising under and/or in connection with this Agreement which arise from any use of Training materials, information, knowhow, computer based training and software referred to and/or distributed during the Courses.

7.2. The Customer agrees that Trainetics will not be liable under this Agreement for any loss of profit, business contracts revenues or anticipated savings or for any special indirect or consequential damage of any nature arising directly or indirectly out of Trainetics's provision of the Training or from the performance non-performance or delayed performance of the Training.

8.0 Warranty: Trainetics and the Customer each warrant to the other that it has power to enter into this Agreement and has obtained all necessary approvals to do so and that the person executing this Agreement has been duly authorised to sign it.

9.0 Cancellation of, or failure to use bookings by the customer: If the customer cancels their place on the course with 91 days or more before the course date, there will be a full refund of the Customer’s course fees, less an administrative charge of 4% of the Customer's course fees. If the Customer cancels their place on the course with 90 days or less before the course date, there will be a refund of 50% the Customer’s course fees. If the Customer cancels their place on the course with 30 days or less before the course date, there will be no refund of the Customer's course fees. When the Customer arrives for the course, the Customer will be required to show one form of photographic identification such as their passport or UK photographic driving licence. Failure to do so will prevent a Security Pass being issued and denial of access with no refund of the Customer’s course fees.

10.0 Counterparts: This Agreement may be entered into in any number of counterparts and by the parties to it on separate counterparts, each of which when executed shall constitute an original copy of one and the same agreement.

COVID-19 TERMS & CONDITIONS

Although Trainetics has put in place processes to mitigate the risk of transmission, a 100% guarantee cannot be provided to Customers and there will be a residual level of risk associated with attending a Course. By making a booking, the Customer accepts these risks and will not hold Trainetics or other Customers responsible should an illness be caught whilst undertaking a Course.

By booking and attending any of our Courses, you agree to adhere to and be bound by the following Covid-19 Terms and Conditions:

1.0 This section incorporates the necessary changes to Trainetics' operation and aims to reduce the risk of transmission of Covid-19. Where there is a conflict between Covid-19 Terms & Conditions and Course Terms & Conditions, Covid-19 Terms & Conditions take precedence.

2.0 Trainetics and its Customers will always follow Government guidance.

3.0 Booking a Course is deemed acceptance by Customers, of the following Covid-19 risk mitigation conditions:

3.1 I will cancel my booking if:

a) I have had symptoms of Covid-19 in the 7 days before the Course.

b) Anyone I live with has had symptoms of Covid-19 in the 14 days before the Course.

c) I have been in contact with anyone displaying symptoms of Covid-19 in the 7 days before this Course.

3.2 My contact details are up to date in the booking system for contract tracing.

3.3 I accept that there is a residual risk involved in attending a Course. Personal risk factors should be taken into account when booking a Course.

4.0 Risk of infection:

4.1. Social distancing of 2m will be observed by all Customers.

4.2. Customers should wear a face covering when attending a Course. Trainetics will provide disposable face coverings together with hand sanitiser and customers should wash or sanitise their hands regularly when attending a Course.

4.3 Trainetics reserves the right to suspend the Training of any Customer deliberately ignoring measures designed to reduce the spread of the virus or who displays or develops symptoms associated with Covid-19.

4.4 Trainetics reserves the right to suspend any Course due to Covid-19 or related matters.

5.0 Trainetics will continue to provide Course materials, including but not limited to USB's, lanyards and Course booklets. All such materials will be sanitised appropriately prior to provision.

6.0 Any Customer who has attended a Course in the previous 14 days and develops symptoms or receives a positive diagnosis should immediately inform Trainetics at info@trainetics.co.uk.

7.0 If Trainetics or a Customer cancels a Course due to Covid-19, the Customer will be offered an alternative future Course date. All refund requests will be subject to Trainetics' Course Terms & Conditions.

APPLICABLE LAW

If you are a consumer, please note that these terms of use, its subject matter and its formation, are governed by English law, and the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.

If you are a business, these terms of use, its subject matter and its formation (and any non-contractual disputes or claims) are governed by English law and the courts of England and Wales will have exclusive jurisdiction of the courts of England and Wales.

Last Updated - 1st March 20

Terms & Conditons