Terms and Conditions

Welcome to the Energy & Utility Skills Networks website.  These terms and conditions (the "Terms") shall apply to your purchase of any Course/Learning Intervention/Service from EU Skills Group Training Shop. Please ensure that you read and accept these Terms prior to submitting an Order.

1. Definitions

a) "Course" means the training course offered by us and purchased by you;

b) “Learning Intervention” means any learning methodology undertaken to assist learning at individual, team and organisational level purchased by you.

c) “Service” means any learning and development engagement which may include bespoke solutioning and consultancy purchased by you.

d) "Delegate" means the person who will be undertaking the Course or Learning Intervention;

e) "Fee" means the price payable for the Course/Learning Intervention/ Service and/or the Materials;

f) "Materials" means the documents which accompany or supplement a Course/Learning Intervention or Service;

g) "Order" means your request to purchase a Course/Learning Intervention or Service;

h) "Trade Marks" means all names, marks, symbols and logos from time to time which are  owned by, registered by or licensed to EU Skills Group

i) "we/us/our/EU Skills Group" refers to Energy and Utility Skills Limited, incorporated and registered in England and Wales with company number 3812163, whose registered office is at 1011 Stratford Road, Shirley, Solihull, B90 4BN, or any of our subsidiary companies.

j) "Website" means, http://www.euskills.co.uk/ or http://www.networks.euskills.co.uk/store or any other website we may designate from time to time;

k) "you/your" refers to the Delegate and/or the person or organisation which has purchased the Course/Learning Intervention/Service on behalf of the Delegate, as the case may be.

2. The Contract

2.1 By making an Order, you agree that you have read, understood and accepted these Terms.

2.2 When you submit an Order to us, this does not mean that we have accepted or will accept your Order. Our acceptance of your Order will only take place when we issue you with a written acceptance of the order. If, for any reason, we are unable to accept your Order, we will inform you of this and we will not process the Order.

3. Payment Terms

3.1 Orders must be accompanied by full payment of the Fee via the Training Shop payment platform.

3.2 You acknowledge and agree that, subject to your statutory rights, 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, 12 months after the date on which the relevant payment was made.3.3 Value Added Tax (VAT) shall be payable on all fees at the prevailing rate.  A VAT invoice will be issued at the time of payment.

3.4 It is your responsibility to ensure that you and/or the Delegate(s) attend any Course/Learning Intervention/Service booked subject to clause 6, you shall be liable to pay the Fee even if you do not attend the Course, subject to Your Right to Cancel in clause 5.

4. Courses/Learning Interventions/Services

4.1 Subject to clause 2.2, we shall provide the Course/Learning Intervention/Service purchased by you at the agreed time and location. It is your responsibility to satisfy yourself of the Course/Learning Intervention/Service suitability for your needs.

4.2 We reserve the right to sub-contract the delivery of the Course and/or the performance of any Learning Intervention or Service without prior notice. Sub-contracting will not relieve us of our obligations under the Terms.

4.3 We reserve the right to amend, substitute, modify and/or improve the content, format or delivery of any Course/Learning Intervention or Service (in whole or in part) from time to time.  Such changes may be made without your prior consent.

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

4.5 We do not guarantee that the Website or our products are free of defects, viruses or other malware. It is your responsibility to use up to date anti-virus software and/or other appropriate measures to protect your security online.

4.6 You are responsible for the safe keeping of any user IDs and passwords ("Login Details"). You shall be liable for all Orders made using your Login Details. You should notify us immediately if your Login Details have been compromised.  Your login details are not transferable.

4.7 For e-learning courses, the typical registration/log in period for completion of the module is between 28 and 90 days. For those delegates who may fail the assessment aspect of the e-learning intervention, we will, upon request re-activate the registration for the delegate free of charge on one occasion.

5. Your Right to Cancel or Transfer

5.1 If you are a consumer, you have a statutory right to cancel any contract entered into under these Terms however, Materials may not be cancelled and returned if they are audio or video recordings or software if the seal in the wrapping has been broken.

5.2 In addition to any statutory right to cancel, you may cancel a Course/Learning Intervention/Service or transfer dates or courses, subject to the following fees (calculated as a percentage of the Fee):

 

Number of Days

Cancellation fee

Transfer fee

Courses/Learning Intervention/Service

More than 20 working days before start date

No charge

No charge

11-20 working days before start date

50%

40%

0-10 working days before start date

100%

60%

 

5.3 Any request to transfer to another Course/Learning Intervention or Service will be subject to our approval in our absolute and sole discretion.

5.4 Should you wish to transfer:

a) if the deferred or new Course/ Learning Intervention or Service is of equal or lesser value, no refund will be given;

b) if the deferred or new Course/Learning Intervention or Service is of greater value, you will need to pay the balance.

5.5 Notice of Course cancellation, deferral or transfer should be sent in accordance with clause 9.2

6. Termination or Cancellation by Us

6.1 We reserve the right to cancel, reschedule or change the location of your Course/Learning Intervention/Service at any time. In these circumstances, you will be offered a refund of any amount you have already paid . We will not be liable for any expenses incurred by you unless the Course/Learning Intervention/Service has been cancelled within 7 working days of the start date, when we will refund to you a maximum of £500 + VAT upon your production of original expense receipts.

6.2 We may terminate this contract with immediate effect and without liability to refund you if:

a) You are in breach of these Terms and such breach is incapable of remedy or you have failed to remedy such breach within 7 days of notification; or

b) In our reasonable opinion, you are abusing the Course, Materials and/or the Website or acting in any way which interferes with our intellectual property rights or damages our reputation.

7. Liability

7.1 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.

7.2 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.

7.3 Under no circumstances shall our liability to you (whether in contract, tort (including negligence), breach of statutory duty or otherwise) exceed the Fee.

7.4 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. The completion of our courses/learning interventions does not certify competence of a delegate.

7.5 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.

8. Information Management

8.1 We will use any personal data (as defined by the Data Protection Act 1998) collected during the course of your dealings with Us in accordance with UK data protection legislation.

9. Contact Us

9.1 If you have any queries about your Order or wish to make a complaint, please contact us by email at trainingshop@euskills.co.uk or by post to The Training Shop, EU Skills Group, 1011 Stratford Road, Shirley, Solihull. B90 4BN

9.2 Notices and other communications from you must be in writing and may be delivered by hand or sent by first class post or by email to the appropriate address in clause 9.1 above. Any notice or document shall be deemed served (a) if delivered by hand, at the time of delivery; (b) if posted, 2 working days after posting; or (c) if sent by email, at the time of acknowledgment by us.

9.3 All complaints must be notified to us within 10 working days of the end of the Course/Learning Intervention/Service

10. Acceptable Use

10.1 You agree to abide by all applicable laws, regulations, and codes of conduct and will ensure that your use of the Materials does not infringe upon the rights of others.

10.2 All content made available to you (including without limitation our Website) remains the property of EU Skills Group (and may be subject to separate terms). Any access to, retrieval and/or display of such content is solely for your use and must not be resold. We own the copyright and all other intellectual property rights associated with such content, save where otherwise stated.

10.3 You acknowledge that we own the Trade Marks and that you may not use any of them without our 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 trademarks, service marks or trading names of third parties.

11. Code of Conduct

11.1 You shall comply with all reasonable instructions or directions given by us in respect of the Courses, Materials, Learning Interventions, Services and our premises and property.

11.2 You shall not do anything which adversely affects our rights and interests, including but not limited to:

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

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

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

d) falsifying the true ownership of the Courses, Materials, Website and other content;

e) obtaining or attempting to obtain unauthorised access, through whatever means, to the Courses, Website, our services, computer systems, or network.

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

12. Special Offers

12.1 From time to time, we may offer certain special offers and/or discounts on our Website. 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.

12.2 Offers and discounts only apply in the stated period to the stated products.

12.3 Offers and discounts cannot be applied retrospectively to Courses, Learning Interventions or Services already ordered. You cannot cancel or defer a Course, Learning Intervention or Service in order to take advantage of a special offer or discount.

12.4 Offers and discounts cannot be used in conjunction with any other offer or discount unless specifically stated otherwise.

13. Other Important Terms

13.1 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.

13.2 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.

13.3 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.

13.4 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, Learning Intervention or Service 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.

13.5 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 substitution of Delegates.

13.6 The Courses 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, associate 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.