Terms, Conditions and Policies
This page details our Terms and Conditions as well as other policies of Forest Skills Ltd, trading as Chris Garland Training (hereinafter referred to as “we”, “us”, “the Company”) which directly affect you; our Client. Please take time to read them thoroughly.
- Terms, Conditions and Policies
- Health and Safety Policy
- Inclusion, Equality and Diversity Policy
- Modern Slavery Statement
- Safeguarding Policy and Procedures
- Implementation stages
- Communications training and support for staff
- Professional boundaries
- Allegations Management
- Managing Information
- Conflict resolution and complaints
- Communication and reviewing this policy
- Terms and Conditions.
- 1. Introduction
- 2. Binding
- 3. Electronic communication
- 4. Intellectual property
- 5. Newsletter
- 6. Third-party property
- 7. Responsible use
- 8. Registration
- 9. Refund and Return policy
- 10. Content posted by you
- 11. Idea submission
- 12. Termination of use
- 13. Warranties and liability
- 14. Privacy
- 15. Export restrictions / Legal compliance
- 16. Assignment
- 17. Breaches of these Terms and conditions
- 18. Force majeure
- 19. Indemnification
- 20. Waiver
- 21. Language
- 22. Entire agreement
- 23. Updating of these Terms and conditions
- 24. Choice of Law and Jurisdiction
- 25. Contact information
- 26. The contract between us
- 27. Acknowledgement of your order
- 28. Accuracy of content
- 29. Damage to your computer
- 30. Availability
- 31. Ordering errors
- 32. Price
- 33. Payment terms
- 34. Delivery charges
- 35. Delivery
- 36. Risk and ownership
- 37. Cancellation rights
- 38. Cancellation by us
- 39. Liability
- 40. Notices
- 41. Law, jurisdiction and language
- 42. Invalidity
- 43. Privacy
- 24. Service Provider
- 45. Booking and confirmation
- 46. Payment
- 47. Late payments:
- 48. Price changes
- 49. Number of participants
- 50. Cancellation by you
- 51. Cancellation by Us
- 52. Changes by Us
- 53. Health, Diet & Behaviour Considerations
- 54. Your Equipment
- 55. Use of Equipment, premises and land
- 56. Your conduct
- 57. Subsequent instruction
- 58. Risks
- 59. Independent Travel Arrangements
- 60. Course Date Changes
- 61. If You Have A Complaint
- 62. Minimum Impact
- 63. Exclusions & Limitations Of Our Liability
- 64. Force Majeure
- 65. Variation of Terms
- 66. Severability of Terms
- 67. Construction of Certain References
- 68. Governing Law and Jurisdiction
- Data Protection (GDPR)
- Code of Conduct
- Weather Policy
Health and Safety Policy
Forest Skills Ltd is committed to maintaining safe and healthy working conditions and to preventing accidents and instances of work-related ill health by ensuring that all activities carried out on company premises or undertaken by its employees & learners are managed in such a manner so as to avoid, reduce or control all foreseeable risks to the health and safety of anyone who may be affected by such activities as far as is reasonably practicable.
The commitment to ensuring the health, safety and welfare of its staff, clients & volunteers is considered to be a management responsibility equal to that of any other.
Forest Skills Ltd shall ensure that all staff, students and visitors to our premises whether wholly owned, leased or hired for training courses shall be as far as is practicable, safe from first arrival to leaving the site.
In furtherance of the above policy statement and the need to ensure compliance with the Health and Safety at Work etc. Act 1974 and other relevant health and safety legislation,
Forest Skills Ltd will:
- provide and maintain safe equipment and safe systems of work.
- ensure materials and substances used are properly stored, handled, used and transported.
- assess the risks to the health and safety of anyone who may be affected by work activities.
- consult with employees & learners on matters affecting their health and safety and ensure that all employees & learners are competent to do their tasks.
- provide information, training, instruction and supervision.
- provide a safe place of employment and learning.
- provide a healthy working environment with adequate welfare facilities.
- provide a written Health and Safety Policy.
- look after the health and safety of other people, in addition to employees & learners.
- implement a monitor & review policy to ensure the effective management of health and safety.
Employees, Leaners’ and Learner Responsibilities
It is a fundamental principal that all individuals working with and for Forest Skills Ltd must cooperate with us to enable our statutory duties to be met and the successful implementation of our policy requires commitment from everyone.
Employees & Learners have a legal responsibility to take care of the health and safety of themselves and others who may be affected by their actions or omissions and to co-operate with supervisors and managers on health and safety issues. Employees & Learners should not interfere with anything provided to safeguard their health and safety and should report all health and safety concerns to the appropriate person as set out in this policy.
The Director has overall responsibility for health and safety in the workplace and for ensuring that adequate resources are made available to allow the implementation of this policy. The Centre Manager has day-to-day responsibility for ensuring that this policy is implemented. All supervisors and managers must adequately supervise the work activities of Employees & Learners and others under their control to ensure that safe systems of work are being followed.
Inclusion, Equality and Diversity Policy
The Company recognises its responsibility to eliminate unlawful discrimination, challenge anti-discriminatory practice, promote equality of opportunity and diversity in all aspects of its activities: as an employer and a provider of training and consultancy. The Company is committed to promoting equal opportunity and to adopting proactive measures to address unlawful discrimination in the execution of its services. The Company will ensure that equality of opportunity is prominent throughout our work; in making policy, managing the business, service delivery (i.e. training, consultancy and assessment), in complying with current UK regulations, and in our employment practice.
The Company will provide a working environment that is free from any form of harassment, intimidation, victimisation or discrimination on the grounds of; nationality, race, colour, gender, sexual orientation, identity, ethnic or national origin, disability, marital status, gender reassignment, pregnancy, status or home responsibility, HIV or AIDS status, age, work status (part-time or fixed term), religious or political belief and socio-economic background. All individuals will be treated with dignity and respect and valued for who they are and for their contribution.
The Company director and staff are responsible for ensuring that the Inclusion, Equality and Diversity Policy is put into practice and that they have due regards to the need to:
- challenge all forms of discrimination.
- eliminate unlawful discrimination.
- promote equality of opportunity.
The following opportunities are taken to invite feedback from staff, clients and students:
- Recruitment and Selection
- Initial Assessment
- Assessment and Planning
- Learner Reviews
- Internal Verification
- External Verification
- Exit Interviews
This feedback will be included in the annual review of our policies.
The relevant Acts of Parliament relating to equal opportunities policy are:
- Rehabilitation of Offenders Act 1974.
- The Public Order Act 1986.
- Employment Act 1989.
- Human Rights Act 1998.
- The Public Interest Disclosure Act 1998.
- Protection from Harassment Act 1997.
- Part Time Worker Regulations 2000.
- The Race Relations (Amendment) Act 2000.
- The Gender Recognition Act 2004.
- Racial and Religious Hatred Act 2006.
- Equality Act 2010
In addition, the Company will comply with the following codes of practice relating to equal opportunities; including guidance available from:
- Equality and Human Rights Commission
- Disability Rights Commission.
- ACAS: Advisory Conciliation and Arbitration Service.
- Equality Act Codes of Practise
Scope of policy
The Company will adhere to all relevant Statutory Legislation and the Code of Practice.
In accordance with its commitment to equal opportunities, the Company will ensure that positive steps are taken to identify and combat all forms of discrimination so that no potential or existing members of staff, clients or students are discriminated against from any of the four main types of discrimination;
- Direct discrimination,
- Indirect discrimination,
Direct discrimination is treating one person less favourably than others because of, for example their race, gender, sexuality or disability (a fuller list has been provided above).
Indirect discrimination is creating a condition, term of employment or requirement of service delivery which cannot be justified and which, in practise, prevents people from certain groups from receiving a service.
The Company will not tolerate any form of harassment when offensive or intimidating behaviour, or encouraging or allowing other people to do so, aims to humiliate, undermine or injure its target, causing any physical or mental harm.
The Company will not tolerate any form of victimisation, which means treating somebody less favourably than others because they tried to make a discrimination complaint.
The Company will ensure that we comply with the Public Interest Disclosure Act 1998, to ensure that all relevant protection is afforded to all relevant parties. This legislation is “An Act to protect individuals who make certain disclosures of information in the public interest; to allow such individuals to bring action in respect of victimisation; and for connected purposes.”
The Company recognises that the implementation of the Inclusion, Equality and Diversity Policy is vital to its development and continuing success, and the Directors will take full and frank responsibility for ensuring effective implementation of the policy and code of practice.
The Company will ensure that all individuals and organisations which provide services for or on behalf of the Company, are aware of and fully complying with our commitment to equality of opportunity.
The Company will investigate any alleged breach of this policy by Directors, staff, clients or students. If the allegation is upheld, action will be taken which could result in disciplinary proceedings against the Directors, staff, clients or students, as detailed in our Maladministration and Malpractice Policy.
Aims of the policy
- To comply with the general and specific duties of all UK Equal Opportunities Legislation.
- To fulfil our statutory obligation to raise awareness of the policy to all staff, clients and students.
- To ensure that all potential, new and existing staff informed of the policy and its implication. All job applicants will receive the policy when applying to work with us.
- To ensure that all students have access to a fair and well managed examination and assessment process, in accordance with the Company policy for Maladministration and Malpractice.
The Company will ensure the policy statement is displayed and distributed throughout our business, in a variety of media, including but not limited to, paper copies issued at registration, the policy will be published online on the company’s website.
Organisation, consultation and participation
As the employer, the Company Director has the ultimate responsibility for ensuring compliance with Equal Opportunity Legislation. The Director shall undertake an annual review of the policies that are in use, ensuring the policies are up to date, reflect current good practice and legislation. The Company will consult as widely as possible with all stakeholders i.e. staff, training centres, students and any other relevant parties.
The Director is responsible for:
- personnel related policies and strategies.
- developing and delivering a programme of (or arranging delivery of) staff development in all aspects of diversity and equality of opportunity matters.
- advising and supporting staff to identify and disseminate good equal opportunity practice, particularly in relation to equal treatment in all aspects of the staff and client experience.
- ensuring that all HR policies and procedures meet legal and ethical standards in relation to equal opportunity.
- advising staff on procedures in relation to the Company Inclusion, Equality and Diversity Policy.
Making a complaint
An employee or service user who feels they have not been fairly treated within the scope of this policy should raise the matter through the Company Grievance and Disciplinary Procedure.
Dealing with discrimination and harassment as a training provider
As a Training Provider, the Company complies with anti-discrimination and human rights legislation and promotes the well-being of candidates. The Company actively seeks to eliminate all forms of discrimination and harassment, whether towards candidates or staff. The Company will use the following model for challenging discrimination:
- Recognising individualism and value difference.
- Breaking down stereotypes.
- Challenging discrimination.
- Role modelling appropriate behaviour.
In general, this is dealt with through our own disciplinary policy, but in all circumstances the safety, well-being and support needs of the victim is our first priority. The Company will comply with its legal responsibility to make a written record of any racist incident which takes place on our premises or any satellite office. Certain racist incidents may also be criminal offences in England and Wales under the Crime & Disorder Act 1998. These include:
- Racially aggravated assaults, including common assault, actual bodily harm, grievous bodily harm and wounding.
- Racially aggravated criminal damage, including racist graffiti, damage to property and arson (lighting fires).
- Racially aggravated public order/harassment, including engaging in behaviour which causes (or is likely to cause) harassment, distress or fear of violence.
The police (not the Company) are responsible for investigating and dealing with any racist incidents where criminal offences may have been committed. All racist incidents of this kind will be reported to the police as soon as possible. The Company will also report the incident to the police if asked to do so by the victim or their parent.
In addition to the general principles for dealing with discrimination or harassment, the Company will adhere to the specific rules which exist for dealing with sexual harassment and discrimination. If the perpetrator is an employee of the Company or other professional in a position of authority, then this will normally be either a criminal matter (in which case it should be referred to the police) or a disciplinary offence under the Company’s Disciplinary Procedure.
Modern Slavery Statement
Our business, Forest Skills Ltd t/a Chris Garland Training, is committed to combatting slavery and human trafficking in its business and supply chains, and we make this statement to assist with compliance with the Modern Slavery Act 2015.
As our business has a turnover of less than £36 million, we do not have a legal obligation to produce a modern slavery statement. However:
- We agree that exploitation within all supply chains ending in the UK is a blight on our society, and we are committed to playing our part in eliminating exploitation;
- We understand that customers with obligations under the Modern Slavery Act 2015 cannot comply with those duties without our cooperation.
To that end, we confirm that we have examined our own business and, to the extent that it is reasonably practicable, businesses within our supply chain and we confirm the following:
- We confirm that within our own business, no relevant offence relating to slavery or human tracking has been committed.
- We have made enquiries of businesses that supply directly to us and we are confident that no relevant offence is committed in that business.
- Insofar as it was reasonably practicable, we have examined our supply chains and confirm that we found no evidence of slavery or human trafficking.
Further details about our business and supply chain are provided below.
Our business provides vocational education training online and face to face. Our business also resells healthcare products.
Our business structure is comprised of one director (lead instructor) to whom specialist external suppliers (Instructors/Assessors) report to as and when their services are engaged.
We operate in the following countries:
- United Kingdom
Our supply chain is as follows:
- Two Ofqual regulated Awarding Organisations and their agents. These organisations predominantly operate within the United Kingdom, with limited work being undertake outside of the United Kingdom.
- Two venue providers. These are both charitable organisations based within the United Kingdom.
- Three external training providers (instructor/assessors). These are SME businesses based within the United Kingdom.
- Four online course providers. These are SME businesses that predominantly operate within the United Kingdom, with limited work being undertake outside of the United Kingdom.
- Multiple healthcare product providers (AED’s, bandages, etc). These businesses are based within the United Kingdom and the United States of America.
We understand that certain industry sectors and geographical regions entail greater risk of exploitation than others. We do not believe that our supply chain is in one of those sectors.
Where it is reasonably practicable, we ensure that businesses in our supply chain have made a similar statement relating to slavery and human trafficking.
The person in our business responsible for assessing matters relating to slavery and human trafficking is: Chris Garland.
We also encourage anyone to report on any matters relating to slavery or human trafficking in our supply chains of which they become aware.
Safeguarding Policy and Procedures
Forest Skills Ltd t/a Chris Garland Training, makes a positive contribution to a strong and safe community and recognises the right of every individual to stay safe.
Forest Skills Ltd t/a Chris Garland Training, comes into contact with children and / or vulnerable adults through the following activities: vocational & non-vocational training courses and general contact.
The types of contact with children and / or vulnerable adults will be regulated and controlled.
This policy seeks to ensure that Forest Skills Ltd t/a Chris Garland Training, undertakes its responsibilities with regard to protection of children and / or vulnerable adults and will respond to concerns appropriately. The policy establishes a framework to support paid and unpaid staff in their practices and clarifies the organisation’s expectations.
The principal pieces of legislation governing this policy are:
- Working together to safeguard Children 2010
- The Children Act 1989
- The Adoption and Children Act 2002
- The Children act 2004
- Safeguarding Vulnerable Groups Act 2006
- Care Standards Act 2000
- Public Interest Disclosure Act 1998
- The Police Act 1997
- Mental Health Act 1983
- NHS and Community Care Act 1990
- Rehabilitation of Offenders Act 1974
Safeguarding is about embedding practices throughout the organisation to ensure the protection of children and / or vulnerable adults wherever possible. In contrast, child and adult protection is about responding to circumstances that arise.
Abuse is a selfish act of oppression and injustice, exploitation and manipulation of power by those in a position of authority. This can be caused by those inflicting harm or those who fail to act to prevent harm. Abuse is not restricted to any socio-economic group, gender or culture.
It can take a number of forms, including the following:
- Physical abuse
- Sexual abuse
- Emotional abuse
- Financial (or material) abuse
Definition of a child:
- A child is under the age of 18 (as defined in the United Nations convention on the Rights of a Child).
Definition of Vulnerable Adults:
A vulnerable adult is a person aged 18 years or over who may be unable to take care of themselves or protect themselves from harm or from being exploited. This may include a person who:
- Is elderly and frail
- Has a mental illness including dementia
- Has a physical or sensory disability
- Has a learning disability
- Has a severe physical illness
- Is a substance misuser
- Is homeless
All staff (paid or unpaid) have responsibility to follow the guidance provided in this policy and related policies, and to pass on any welfare concerns using the required procedures. We expect all staff (paid or unpaid) to promote good practice by being an excellent role model, contribute to discussions about safeguarding and to positively involve people in developing safe practices.
The Director has a responsibility to ensure that:
- The policy is in place and appropriate
- The policy is accessible
- The policy is implemented
- The policy is monitored and reviewed
- Sufficient resources (time and money) are allocated to ensure that the policy can be effectively implemented
- Promoting the welfare of children and vulnerable adults
- Ensure staff (paid and unpaid) have access to appropriate training/information
- Receive staff concerns about safeguarding and respond to all seriously, swiftly and appropriately
- Keep up to date with local arrangements for safeguarding and DBS
- Develop and maintain effective links with relevant agencies.
- Take forward concerns about responses
The scope of this Safeguarding Policy is broad ranging and in practice, it will be implemented via a range of policies and procedures within the organisation. These include:
- Grievance and disciplinary procedures
- Health and Safety policy, including lone working procedures, mitigating risk to staff and clients
- Equal Opportunities policy
- Data protection
- Staff induction
- Staff training
Forest Skills Ltd t/a Chris Garland Training, ensures safe recruitment through the following processes:
- Providing the following safeguarding statement in recruitment adverts or application details –‘recruitment is done in line with safe recruitment practices.’
- Job or role descriptions for all roles involving contact with children and/or vulnerable adults will contain reference to safeguarding responsibilities.
- Interviews are conducted according to equal opportunity principles and interview questions are based on the relevant job description and person specification
- DBS checks will be conducted for specific roles for all staff (paid or unpaid) working with children and vulnerable adults. It is a criminal offence for individuals barred by the ISA to work or apply to work with children or vulnerable adults in a wide range of posts.
- No formal job offers are made until checks for suitability are completed (including DBS and 2 references).
Disclosure and Barring Service Gap Management
The organisation commits resources to providing Disclosure and barring service (DBS) checks on staff (paid or unpaid) whose roles involve contact with children and/or vulnerable adults.
In order to avoid DBS gaps, the organisation will maintain and review a list of roles across the organisation which involves contact with children/ vulnerable adults. This list is reviewed annually.
In addition to checks on recruitment for roles involving contact with children/ vulnerable adults, for established staff the following processes are in place:
- A 3 year rolling programme of re-checking DBS’s is in place for holders of all identified posts.
- Existing staff (paid or unpaid) who transfer from a role which does not require a DBS check to one which involves contact with children/vulnerable adults will be subject to a DBS check.
Service delivery contracting and sub-contracting
There will be systematic checking of safeguarding arrangements of partner organisations. Contracts and memorandums of agreement for partnership delivery work will include clear minimum requirements, arrangements for safeguarding and non-compliance procedures.
Communications training and support for staff
Forest Skills Ltd t/a Chris Garland Training, commits resources for induction, training of staff (paid and unpaid), effective communications and support mechanisms in relation to Safeguarding. Induction will include;
- Discussion of the Safeguarding Policy (and confirmation of understanding)
- Discussion of other relevant policies
- Ensure familiarity with reporting processes, the roles of line manager and Designated Senior Manager (and who acts in their absence)
- Initial training on safeguarding including: safe working practices, safe recruitment, understanding child protection and the alerter guide for adult safeguarding
All staff who, through their role, are in contact with children and/or vulnerable adults will have access to safeguarding training at an appropriate level. Sources and types of training will include online and face to face regulated training.
Communications and discussion of safeguarding issues
- Commitment to the following communication methods will ensure effective communication of safeguarding issues and practice:
- Board meetings.
- One to one meetings (formal or informal).
We recognise that involvement in situations where there is risk or actual harm can be stressful for staff concerned. The mechanisms in place to support staff include:
- Debriefing support for paid and unpaid staff so that they can reflect on the issues they have dealt with.
- Seeking further support as appropriate. (e.g. access to counselling.)
- Staff who initiate protection concerns will be contacted by the Director within a 1 week.
Professional boundaries are what define the limits of a relationship between a support worker and a client. They are a set of standards we agree to uphold that allows this necessary and often close relationship to exist while ensuring the correct detachment is kept in place.
Forest Skills Ltd t/a Chris Garland Training, expects staff to protect the professional integrity of themselves and the organisation.
The following professional boundaries must be adhered to:
Giving and receiving gifts from clients:
Forest Skills Ltd t/a Chris Garland Training, does not allow paid or unpaid staff to give gifts to or receive gifts from clients. However, gifts may be provided by the organisation as part of a planned activity.
Staff contact with user groups:
Personal relationships between a member of staff (paid or unpaid) and a client who is a current service user is prohibited. This includes relationships through social networking site such as Facebook. It is also prohibited for staff to enter into a personal relationship with a person who has been a service user over the past 12 months.
The use of abusive language, either directed at or used by our staff (paid and unpaid) will not be tolerated and is a breach of the Code of Conduct. Our Code of Conduct details actions to be taken in response to inappropriate behaviour and/or language, and punishment or chastisement.
Passing on service users’ personal contact details is not permitted in any way, unless legally required or required as part of our business activities. (e.g. to process clients educational training courses). Where staff have a degree of accessibility to service users, they will not provide their, or retain the services users personal contact details.
At no time will a member of staff (paid or unpaid);
- Accept responsibility for any valuables on behalf of a client.
- Accept money as a gift, borrowing money from or lend money to service users.
- Form personal relationships with a third party related to or known to service users
- Accept gifts and/or rewards or hospitality from organisations as an inducement for either doing or not doing something in their official capacity.
The following policies also contain guidance on staff (paid or unpaid) conduct:
- Code of Conduct.
- Health and Safety.
If the professional boundaries and/or policies are breached this could result in disciplinary procedures or enactment of the allegation management procedures. Where a clear conflict of interest is identified, these must be raised with the Director as soon as they are identified.
The process outlined below details the stages involved in raising and reporting safeguarding concerns at Forest Skills Ltd t/a Chris Garland Training.
- Communication of concerns with immediate manager.
- Seek medical attention for the vulnerable person if needed.
- Discuss with parents of child or with vulnerable person. Obtain permission to make referral if safe and appropriate.
- If needed seek advice from the Children and Families help desk or Adults help desk.
- Complete the Local Authority Safeguarding Vulnerable Groups Incident Report Form if required and submit to the local authority within 24 hours of making a contact.
- Ensure that feedback from the Local Authority is received and their response recorded.
The local authority has a process for reporting and this must be adopted. All organisations are expected to complete the local authorities initial contact form when informing them of a concern about a child. The use of this form and compliance with the policy are mandatory.
Forest Skills Ltd t/a Chris Garland Training, recognises its duty to report concerns or allegations against its staff (paid or unpaid) within the organisation or by a professional from another organisation.
The process for raising and dealing with allegations is as follows:
- Any member of staff (paid or unpaid) from Forest Skills Ltd t/a Chris Garland Training, is required to report any concerns in the first instance to the Director/their peer. A written record of the concern will be completed by the Director/their peer.
- Contact local authority for advice.
- Follow the advice provided
Forest Skills Ltd t/a Chris Garland Training, recognises its legal duty to report any concerns about unsafe practice by any of its paid or unpaid staff to the Independent Safeguarding Authority (ISA), according to the ISA referral guidance document.
The organisation will monitor the following Safeguarding aspects:
- Safe recruitment practices.
- DBS checks undertaken.
- References applied for new staff.
- Monitoring whether concerns are being reported and actioned.
- Checking that policies are up to date and relevant.
- Reviewing the current reporting procedure in place.
- Presence and action of Designated senior manager responsible for Safeguarding.
Information will be gathered, recorded and stored in accordance with the following policies:
- Data protection policy,
- Confidentiality policy.
All staff must be aware that they have a professional duty to share information with other agencies in order to safeguard children and vulnerable adults. The public interest in safeguarding children and vulnerable adults may override confidentiality interests. However, information will be shared on a need-to-know basis only, as judged by the Director. All staff must be aware that they cannot promise service users or their families/ carers that they will keep secrets.
Conflict resolution and complaints
Forest Skills Ltd t/a Chris Garland Training, is aware of the Conflict Resolution policy on resolution of professional disagreements in work relating to the safety of children/Escalation Policy and if necessary, this will be taken forward by the Director. Conflicts in respect of safety of vulnerable adults will be taken forward by the Director.
Communication and reviewing this policy
Forest Skills Ltd t/a Chris Garland Training, will make clients aware of the Safeguarding Policy through posting it on our website. This policy will be reviewed annually by the Director and when there are changes in legislation.
Chris Garland Training are fully insured, holding the following cover;
- Employers Liability; £10m
- Public Liability; £5m
- Professional Indemnity Insurance; £5m
- Products Liability; £5m
Terms and Conditions.
These Terms and conditions apply to this website and to the transactions related to our products and services. You may be bound by additional contracts related to your relationship with us or any products or services that you receive from us. If any provisions of the additional contracts conflict with any provisions of these Terms, the provisions of these additional contracts will control and prevail.
By registering with, accessing, or otherwise using this website, you hereby agree to be bound by these Terms and conditions set forth below. The mere use of this website implies the knowledge and acceptance of these Terms and conditions. In some particular cases, we can also ask you to explicitly agree.
3. Electronic communication
By using this website or communicating with us by electronic means, you agree and acknowledge that we may communicate with you electronically on our website or by sending an email to you, and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement, including but not limited to the requirement that such communications should be in writing.
4. Intellectual property
We or our licensors own and control all of the copyright and other intellectual property rights in the website and the data, information, and other resources displayed by or accessible within the website.
4.1 All the rights are reserved
Unless specific content dictates otherwise, you are not granted a license or any other right under Copyright, Trademark, Patent, or other Intellectual Property Rights. This means that you will not use, copy, reproduce, perform, display, distribute, embed into any electronic medium, alter, reverse engineer, decompile, transfer, download, transmit, monetize, sell, market, or commercialize any resources on this website in any form, without our prior written permission, except and only insofar as otherwise stipulated in regulations of mandatory law (such as the right to quote).
Notwithstanding the foregoing, you may forward our newsletter in the electronic form to others who may be interested in visiting our website.
6. Third-party property
Our website may include hyperlinks or other references to other party’s websites. We do not monitor or review the content of other party’s websites which are linked to from this website. Products or services offered by other websites shall be subject to the applicable Terms and Conditions of those third parties. Opinions expressed or material appearing on those websites are not necessarily shared or endorsed by us.
We will not be responsible for any privacy practices or content of these sites. You bear all risks associated with the use of these websites and any related third-party services. We will not accept any responsibility for any loss or damage in whatever manner, however caused, resulting from your disclosure to third parties of personal information.
7. Responsible use
By visiting our website, you agree to use it only for the purposes intended and as permitted by these Terms, any additional contracts with us, and applicable laws, regulations, and generally accepted online practices and industry guidelines. You must not use our website or services to use, publish or distribute any material which consists of (or is linked to) malicious computer software; use data collected from our website for any direct marketing activity, or conduct any systematic or automated data collection activities on or in relation to our website.
Engaging in any activity that causes, or may cause, damage to the website or that interferes with the performance, availability, or accessibility of the website is strictly prohibited.
You may register for an account with our website. During this process, you may be required to choose a password. You are responsible for maintaining the confidentiality of passwords and account information and agree not to share your passwords, account information, or secured access to our website or services with any other person. You must not allow any other person to use your account to access the website because you are responsible for all activities that occur through the use of your passwords or accounts. You must notify us immediately if you become aware of any disclosure of your password.
After account termination, you will not attempt to register a new account without our permission.
9. Refund and Return policy
9.1 Right of withdrawal
You have the right to withdraw from this contract within 14 days without giving any reason.
The withdrawal period will expire after 14 days from the day of the conclusion of the contract.
To exercise the right of withdrawal, you must inform us of your decision to withdraw from this contract by an unequivocal statement (for example a letter sent by post, fax, or email). Our contact details can be found below. You may use the attached model withdrawal form, but it is not obligatory.
If you use this option, we will communicate to you an acknowledgement of receipt of such a withdrawal on a durable medium (for example by email) without delay.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
9.2 Effects of withdrawal
If you withdraw from this contract, we shall reimburse you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
You shall send back the goods or hand them over to us or a person authorised by us to receive the goods, without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired.
You will have to bear the direct cost of returning the goods.
You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics, and functioning of the goods.
Please note that there are some legal exceptions to the right to withdraw, and some items can therefore not be returned or exchanged. We will let you know if this applies in your particular case.
10. Content posted by you
We may provide various open communication tools on our website, such as blog comments, blog posts, forums, message boards, ratings and reviews, and various social media services. It might not be feasible for us to screen or monitor all content that you or others may share or submit on or through our website. However, we reserve the right to review the content and to monitor all use of and activity on our website, and remove or reject any content in our sole discretion. By posting information or otherwise using any open communication tools as mentioned, you agree that your content will comply with these Terms and Conditions and must not be illegal or unlawful or infringe any person’s legal rights.
11. Idea submission
Do not submit any ideas, inventions, works of authorship, or other information that can be considered your own intellectual property that you would like to present to us unless we have first signed an agreement regarding the intellectual property or a non-disclosure agreement. If you disclose it to us absent such written agreement, you grant to us a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, store, adapt, publish, translate and distribute your content in any existing or future media.
12. Termination of use
We may, in our sole discretion, at any time modify or discontinue access to, temporarily or permanently, the website or any Service thereon. You agree that we will not be liable to you or any third party for any such modification, suspension or discontinuance of your access to, or use of, the website or any content that you may have shared on the website. You will not be entitled to any compensation or other payment, even if certain features, settings, and/or any Content you have contributed or have come to rely on, are permanently lost. You must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website.
13. Warranties and liability
Nothing in this section will limit or exclude any warranty implied by law that it would be unlawful to limit or to exclude. This website and all content on the website are provided on an “as is” and “as available” basis and may include inaccuracies or typographical errors. We expressly disclaim all warranties of any kind, whether express or implied, as to the availability, accuracy, or completeness of the Content. We make no warranty that:
- this website or our products or services will meet your requirements;
- this website will be available on an uninterrupted, timely, secure, or error-free basis;
- the quality of any product or service purchased or obtained by you through this website will meet your expectations.
Nothing on this website constitutes or is meant to constitute, legal, financial or medical advice of any kind. If you require advice you should consult an appropriate professional.
The following provisions of this section will apply to the maximum extent permitted by applicable law and will not limit or exclude our liability in respect of any matter which it would be unlawful or illegal for us to limit or to exclude our liability. In no event will we be liable for any direct or indirect damages (including any damages for loss of profits or revenue, loss or corruption of data, software or database, or loss of or harm to property or data) incurred by you or any third party, arising from your access to, or use of, our website.
Except to the extent any additional contract expressly states otherwise, our maximum liability to you for all damages arising out of or related to the website or any products and services marketed or sold through the website, regardless of the form of legal action that imposes liability (whether in contract, equity, negligence, intended conduct, tort or otherwise) will be limited to the total price that you paid to us to purchase such products or services or use the website. Such limit will apply in the aggregate to all of your claims, actions and causes of action of every kind and nature.
To access our website and/or services, you may be required to provide certain information about yourself as part of the registration process. You agree that any information you provide will always be accurate, correct, and up to date.
We take your personal data seriously and are committed to protecting your privacy. We will not use your email address for unsolicited mail. Any emails sent by us to you will only be in connection with the provision of agreed products or services.
15. Export restrictions / Legal compliance
Access to the website from territories or countries where the Content or purchase of the products or Services sold on the website is illegal is prohibited. You may not use this website in violation of export laws and regulations of United Kingdom.
You may not assign, transfer or sub-contract any of your rights and/or obligations under these Terms and conditions, in whole or in part, to any third party without our prior written consent. Any purported assignment in violation of this Section will be null and void.
17. Breaches of these Terms and conditions
Without prejudice to our other rights under these Terms and Conditions, if you breach these Terms and Conditions in any way, we may take such action as we deem appropriate to deal with the breach, including temporarily or permanently suspending your access to the website, contacting your internet service provider to request that they block your access to the website, and/or commence legal action against you.
18. Force majeure
Except for obligations to pay money hereunder, no delay, failure or omission by either party to carry out or observe any of its obligations hereunder will be deemed to be a breach of these Terms and conditions if and for as long as such delay, failure or omission arises from any cause beyond the reasonable control of that party.
You agree to indemnify, defend and hold us harmless, from and against any and all claims, liabilities, damages, losses and expenses, relating to your violation of these Terms and conditions, and applicable laws, including intellectual property rights and privacy rights. You will promptly reimburse us for our damages, losses, costs and expenses relating to or arising out of such claims.
Failure to enforce any of the provisions set out in these Terms and Conditions and any Agreement, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these Terms and Conditions or of any Agreement or any part thereof, or the right thereafter to enforce each and every provision.
These Terms and Conditions will be interpreted and construed exclusively in English. All notices and correspondence will be written exclusively in that language.
22. Entire agreement
23. Updating of these Terms and conditions
We may update these Terms and Conditions from time to time. It is your obligation to periodically check these Terms and Conditions for changes or updates. The date provided at the beginning of these Terms and Conditions is the latest revision date. Changes to these Terms and Conditions will become effective upon such changes being posted to this website. Your continued use of this website following the posting of changes or updates will be considered notice of your acceptance to abide by and be bound by these Terms and Conditions.
24. Choice of Law and Jurisdiction
These Terms and Conditions shall be governed by the laws of United Kingdom. Any disputes relating to these Terms and Conditions shall be subject to the jurisdiction of the courts of United Kingdom. If any part or provision of these Terms and Conditions is found by a court or other authority to be invalid and/or unenforceable under applicable law, such part or provision will be modified, deleted and/or enforced to the maximum extent permissible so as to give effect to the intent of these Terms and Conditions. The other provisions will not be affected.
25. Contact information
This website is owned and operated by Forest Skills Ltd t/a Chris Garland Training. You may contact us regarding these Terms and Conditions through our contact page. Our complete Statutory and regulatory disclosures can be found on this page.
26. The contract between us
We must receive payment of the whole of the price for the goods that you order before your order can be accepted. Payment of the price for the goods represents an offer on your part to purchase the goods, which will be accepted by us only when the goods are dispatched. Only at this point is a legally binding contract created between us.
27. Acknowledgement of your order
To enable us to process your order, you will need to provide us with your e-mail address. We will notify you by e-mail as soon as possible to confirm receipt of your order and to confirm details. For the avoidance of doubt, this correspondence does not constitute a contract between us.
28. Accuracy of content
We have taken care in the preparation of the content of this website, in particular to ensure that prices quoted are correct at the time of publishing and that all goods have been described accurately. However, orders will only be processed if there are no material errors in the description of the goods or their prices as advertised on this website. Any weights, dimensions and capacities given about the goods are approximate only.
29. Damage to your computer
We try to ensure that this website is free from viruses or defects. However, we cannot guarantee that your use of this website or any websites accessible through it will not cause damage to your computer. It is your responsibility to ensure that the right equipment is available to use the website. Except in the case of negligence on our part, we will not be liable to any person for any loss or damage which may arise to computer equipment as a result of using this website.
All orders are subject to acceptance and availability. If the goods you have ordered are not available from stock, we will contact you by e-mail or phone (if you have given us details). You will have the option either to wait until the item is available from stock or to cancel your order.
31. Ordering errors
You are able to correct errors on your order up to the point on which you click on “submit” during the ordering process.
The prices payable for goods that you order are as set out on our website. Where it is not possible to accept your order to buy goods of the specification and description at the price indicated, we will advise you by email, and offer to sell you the goods of the specification and description at the price stated in the email and will state in the email the period for which the offer or the price remains valid.
33. Payment terms
We will take payment upon receipt of your order from your credit or debit card. We accept no liability if a delivery is delayed because you did not give us the correct payment details. If it is not possible to obtain full payment for the goods from you, then we can refuse to process your order and/or suspend any further deliveries to you. This does not affect any other rights we may have.
34. Delivery charges
Delivery charges vary according to the type of goods ordered.
Delivery charges are normally included within the cost of the product. Where delivery charges are not included this will be indicated within the product description.
You will be required to pay extra for delivery and it might not be possible for us to deliver to some locations.
Please note that we are only able to deliver to addresses which Royal Mail refer to as being within the United Kingdom. This includes the Isle of Wight, the Isle of Man, the Scottish Isles, parts of Scotland & Northern Ireland, but excludes the Channel Isles.
We will deliver the goods to the address you specify for delivery in your order. It is important that this address is accurate. Please be precise about where you would like the goods left if you are out when we deliver. We cannot accept any liability for any loss or damage to the goods once they have been delivered in accordance with your delivery instructions (unless this is caused by our negligence). We will aim to deliver the goods by the date quoted for delivery but delivery times are not guaranteed and therefore time is not of the essence. In any event, we will aim to deliver your goods within 30 days from the day after the day we received your order. If delivery is delayed beyond this time, we will contact you and either agree a mutually acceptable alternative date, or offer you a full refund.
You will become the owner of the goods you have ordered when they have been delivered to you. Once goods have been delivered to you they will be held at your own risk and we will not be liable for their loss or destruction.
36. Risk and ownership
Risk of damage to or loss of the goods passes to you at the time of delivery to you. If you choose to use your own courier then the risk passes to you as soon as the goods are handed to your courier. You will only own the goods once they have been successfully delivered.
37. Cancellation rights
Under The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 SI 2013/3134, you have the legal right to cancel your order up to 14 calendar days after the day on which you receive your goods (with the exception of any made to order items). You do not need to give us any reason for cancelling your contract nor will you have to pay any penalty.
Should you wish to cancel your order, you can use the cancellation form provided at the end of these terms and conditions, or alternatively you can notify us in writing by any durable medium (for example letter sent by post, fax or e-mail).
You cannot cancel your contract if the goods you have ordered are bespoke (i.e. made to order), newspapers or magazines or if you have taken any audio or video recording or computer software out of the sealed package in which it was delivered to you.
If you have received the goods before you cancel your contract then you must send the goods back to our contact address at your own cost and risk. If you cancel your contract but we have already processed the goods for delivery, you should not unpack the goods when they are received by you and you must send the goods back to us at our contact address at your own cost and risk as soon as possible.
Once you have notified us that you are cancelling your contract, and we have either received the goods back or, if earlier, received evidence that you have sent the goods back, we will refund any sum debited by us from your credit or debit card within 30 calendar days.
We may make a deduction from your refund for any loss in the value of the goods supplied if the loss is the result of unnecessary handling by you (for example using or wearing the goods prior to cancellation)
38. Cancellation by us
We reserve the right not to process your order if:
- We have insufficient stock to deliver the goods you have ordered;
- We do not deliver to your area;
- One or more of the goods you ordered was listed at an incorrect price due to a typographical error or an error in the pricing information received by us from our suppliers;
- As a result of circumstances beyond our control we are unable to complete the contract.
If we do not process your order for the above reasons, we will notify you by e-mail and will re-credit to your account any sum deducted by us from your credit/debit card as soon as possible, but in any event within 30 days.
Unless agreed otherwise, if you do not receive goods ordered by you within 30 days of the date on which you ordered them and decide to cancel the order rather than re-arrange delivery we will provide you with a full refund.
We are only responsible for losses that are a natural, foreseeable consequence of our breach of these terms and conditions. We do not accept liability if we are prevented or delayed from complying with our obligations set out in these terms and conditions by anything you (or anyone acting with your express or implied authority) does or fails to do, or is due to events which are beyond our reasonable control.
Furthermore, we do not accept liability for any losses related to any business of yours including but not limited to: lost data, lost profits, lost revenues or business interruption.
You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase goods from our site. The importation or exportation of certain of our goods to you may be prohibited by certain national laws. We make no representation and accept no liability in respect of the export or import of the goods you purchase.
Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence. You have certain rights as a consumer including legal rights (e.g. under the Sale of Goods Act 1979 (as amended)) relating to faulty and/or misdescribed goods.
Unless otherwise expressly stated in these terms and conditions, all notices from you to us must be in writing and sent to our contact address at 40 Fir Tree Avenue, Knutsford, Cheshire, WA16 8NF and all notices from us to you will be displayed on our website from time to time.
41. Law, jurisdiction and language
This website, any content contained therein and any contract brought into being as a result of usage of this website are governed by and construed in accordance with English law. Parties to any such contract agree to submit to the exclusive jurisdiction of the courts of England and Wales. All contracts are concluded in English.
If any part of these terms and conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.
24. Service Provider
- Subject to clauses 50, 51 and 66, we will use our reasonable endeavours to provide the products & courses advertised on our website.
- We will provide the products & courses using reasonable care and skill.
- We may appoint independent sub-contractors to run or assist on our courses or use third parties to arrange or supply our courses. You agree that our obligation to you is to use reasonable care in selecting competent, independent sub-contractors and third party suppliers to provide reasonable services related to the course. You agree that the Company is not responsible for the actions or omissions of such sub-contractors or third party suppliers.
45. Booking and confirmation
If you are making a booking request for and on behalf of any other person, you represent that you are the parent or legal guardian of such person if they are a minor; or a duly authorised agent of such person.
If you are purchasing a course as a gift, you agree that you will provide the recipient with a copy of these Terms and notify them that by attending the course they will be deemed to have agreed to abide by these Terms.
To submit a booking request, you must complete the booking form and pay the amount specified. You must ensure that all information provided in the booking form is complete and accurate. If we accept your booking request, we will e-mail (or otherwise issue) a receipt of your booking to you and confirm the date the balance, if any, is due. Any outstanding balance must be paid by the due date specified in the receipt. If you haven’t received a booking receipt from us within 7 days of making your booking request, then please contact us at: [email protected]
By submitting a booking request, you agree to be bound by these Terms.
A booking request constitutes an offer by you to purchase a course in accordance with these Terms. Once your booking request is accepted by us (by the issuance of a booking receipt), a separate legally binding contract will come into existence (comprising these Terms, your booking request form and the booking receipt) between us and each person named on the booking form (other than a minor, in which case the contract will be between you and us) (each, a “Contract”), provided, however, that you will remain liable for all payments due. The date on the booking receipt is the date of such Contract.
These Terms, together with your booking request form and the booking receipt constitute the entire agreement between us. You acknowledge that you have not relied on any statement, promise or representation made or given by us or on our behalf which is not set out in such Contract.
You must check the details on the booking receipt when you receive it. If there are any errors, please contact us immediately.
We reserve the right, in our sole and absolute discretion and without the need to give reason, to refuse to accept a booking request. In such circumstances, no contract will arise and we will return any payment accompanying your booking request.
Before a Contract comes into existence between you and us, we reserve the right to increase or decrease the advertised price for a course and/or to amend any of the information contained in the course description.
All course fees are payable in Pounds Sterling (“Sterling”).
Unless otherwise specified in respect of a particular course, the following payment terms apply with your booking:
- Open courses; 100% of the course fee at time of booking.
- Private courses; 100% of the course fee within 30 calendar days of date of invoice.
Where Chris Garland Training are engaged by a Principal Training Company; 100% of the course fee within 30 calendar days of date of invoice.
The balance of the course fee, if any, must be paid by the date specified in the booking receipt.
If you do not pay any balance in full by the due date, your booking will be deemed cancelled and you will forfeit any deposit paid.
Payment will be accepted by:
- Maestro, Visa Electron, Visa debit and Solo debit cards or Visa/MasterCard credit cards, which can be used to make a booking on-line or by telephone; or
- BACS payment; details of which will be found within the invoice; or
- Bank transfer, which may need to be arranged directly with us over the telephone or by e-mail at [email protected]
47. Late payments:
All late payments will be dealt with by our nominated debt recovery agency; Thomas Higgins Partnership. This process can include issue of a Letter before Action, Late Payment Demand, Court action, Judgement and Enforcement
48. Price changes
If our costs of running a course increase for reasons beyond our reasonable control (including, without limitation, an increase in taxes, duties or fees by a government, other governmental action or an increase in the cost of transport, labour or materials) we reserve the right to increase the course fee. Any such increase in the course fee will be notified to you as soon as reasonably practicable. If the course fee is increased by 10% or more, you will be entitled to cancel your booking and obtain a full refund of all monies paid to us. Otherwise, you will be required to pay such additional amount on the same terms as your original payment.
Whilst we endeavour to ensure that the most up-to-date and correct prices are shown on our website and within the booking system, there is the possibility of an inconsistent price between the two. Once we become aware of any such inconsistency, we will act promptly to rectify the inconsistency and we will endeavour to notify you as soon as reasonably possible. We reserve the right to cancel a booking made at an incorrect price under such circumstances and you will be given the choice of amending your booking to a course at the correct price or obtaining a full refund of monies paid to us.
We will not be liable to pay any compensation or incidental costs or expenses that you may incur as a result of such cancellation, or for any other loss or damage howsoever caused arising out of such cancellation. We recommend that you take out appropriate insurance, which includes cover against such cancellation.
49. Number of participants
Each course is subject to a minimum & maximum number of participants and is subject to cancellation at short notice if there is an insufficient number of participants. If a course should fail to attract sufficient numbers of candidates, we aim to determine the course 48 hours before the day of the course.
Should the course be cancelled because of an insufficient number of participants, you will have the option of booking an alternative course with us or receiving a full refund of monies paid to us. We will not be liable to pay any compensation or incidental costs or expenses that you may incur as a result of such cancellation, or for any other loss or damage howsoever caused arising out of such cancellation. We recommend that you take out appropriate insurance, which includes cover against such cancellation.
The course description will specify whether the course is subject to a maximum number of participants. Once the maximum number of participants has been reached, no more booking requests can be made.
50. Cancellation by you
Any cancellation must be notified in writing by the person who made the booking to [email protected]
If you cancel your course, the following cancellation charges will arise:
- Cancellation between 10 and 2 calendar days before the course is due to commence, 50% of the course fee.
- Cancellation less than 2 calendar days before the course is due to commence, 100% of the course fee.
Attending your course more than 15 minutes late will be deemed a cancellation and you will forfeit 100% of the course fee. If you are running late, please contact us immediately so that we can work to avoid this forfeiture.
Failure to attend your course will be deemed a cancellation and you will forfeit 100% of the course fee.
An updated statement of your account will be sent to you following any such cancellation by you.
You acknowledge and agree that it is reasonable for such a cancellation charge to arise given the requirement for us to make preparations and payments for a course substantially in advance of the commencement of the course.
We appreciate that wholly unforeseen events may result in your cancellation of a course booking. We therefore recommend that you take out appropriate insurance, which includes cover against such cancellation.
If you leave a course prior to its completion, you will forfeit all sums paid to us.
51. Cancellation by Us
We reserve the right, in our sole and absolute discretion, to cancel a course or all or any bookings prior to the commencement of the course or booking for any reason whatsoever at short notice (including, without limitation, if the minimum number of participants required for a course is not fulfilled).
In these unusual circumstances, we will offer you the option to book a place on an alternative course (provided that there are sufficient spaces available on the course on the date you wish to change to), or have all monies paid to us repaid in full.
A course may also be cancelled either before or after its commencement for reasons of Force Majeure (as defined in Term 44 below).
We will not be liable to pay any compensation or incidental costs or expenses that you may incur as a result of such cancellation or for any other loss or damage howsoever caused arising out of such cancellation. We recommend that you take out appropriate insurance, which includes cover against such cancellation.
52. Changes by Us
Any additional expenses due to alterations shall be borne by each person participating in the course.
We will not be liable to pay any compensation or incidental costs or expenses that you may incur as a result of any alterations to your course or for any other loss or damage howsoever caused arising out of such alterations. We recommend that you take out appropriate insurance, which includes cover against such costs, expenses, losses or damage.
53. Health, Diet & Behaviour Considerations
Generally, our courses require you to be in good physical and mental health and, by attending the course, you confirm that you are physically capable of participating in the course and that you are in good health with no medical history that would make it dangerous (for you or others) for you to participate. Some courses may have specific fitness requirements as more fully described in the relevant course description on our website.
If you have a special medical requirement or health condition, you must inform us no later than five working days before the commencement of the course.
If you have any special dietary requirements, you must inform us no later than five working days before the commencement of the course.
If in the sole opinion of the instructor you are unable to keep up with or participate in the course or your health, fitness or behaviour may compromise your safety or the safety of others on the course, you may, in the absolute discretion of the course leader, be removed from the course (and, if necessary, this may be against your will).
In such circumstances, you will not be entitled to a refund of monies and we will not be liable to pay any compensation or incidental costs or expenses that you may incur as a result of such removal or for any other loss or damage howsoever caused arising out of your removal.
You will, on demand, reimburse us for our reasonable costs of effecting your removal.
54. Your Equipment
You are responsible for any clothing, baggage or personal equipment that you bring to a course. All clothing, baggage or personal equipment are, at all times, at your own risk. We will not be responsible whatsoever for any loss or damage to your clothing, baggage or personal equipment.
55. Use of Equipment, premises and land
You must use all reasonable care in the use of:
- any of our property and equipment;
- property and equipment provided by our suppliers; and
- the premises & land used during the course including, but not limited to, the flora and fauna.
You must comply with all reasonable instructions from our instructors in relation to its use.
We reserve the right to charge you for the cost of replacement or repair of items of property or equipment lost or damaged by you during a course.
If any property or land is damaged by you during a course, we also reserve the right to charge you for the cost of reinstating the premises, property or land to the condition it was in before the damaged occurred.
56. Your conduct
Please read our Code of Conduct Policy which can be found below.
Specific course rules will be explained to you at appropriate times during the conduct of a course. You must observe these rules and the reasonable instructions of our course leaders at all times.
You must conduct yourself in a reasonable manner at all times and maintain standards of conduct which are consistent with the aims of the course.
Parents, guardians, teachers and those in comparable roles in respect of persons under the age of 18, must maintain control of those persons at all times, to the satisfaction of our instructors and ensure that they observe all rules and the reasonable instructions of our course leaders and their assistants and conduct themselves in a manner consistent with the aims of the course.
If, in the sole opinion of the course leader, your behaviour is deemed unsafe or unacceptable for whatever reason, you will, in the absolute discretion of our course leader be removed from the course (and, if necessary, this may be against your will). Circumstances in which this may occur include, without limitation, your intoxication; use of non-prescription drugs; disorderly, abusive or dangerous behaviour; intentional damage to property and failure of control over minors. In such circumstances, you will not be entitled to a refund of monies and we will not be liable to pay any compensation or incidental costs or expenses that you may incur as a result of such removal or for any other loss or damage howsoever caused arising out of your removal.
You will, on demand, reimburse us for our reasonable costs of effecting your removal.
57. Subsequent instruction
Unless otherwise stated in the course description, participation on one of our courses does not qualify you to subsequently conduct training courses of a similar nature and we do not condone or certify you to instruct anything for which you have received instruction from the Company.
It is a fundamental term of booking that you acknowledge and accept the risks and hazards that may be involved in the courses conducted by us, including serious injury or death, loss or damage to property, discomfort and inconvenience.
In particular, you acknowledge and accept that:
the equipment used on our courses may be heavy and as such require proper manual handling techniques;
natural areas and waters are subject to natural forces which may result in obstacles and hazards which can be life threatening or cause injury;
being in natural areas may result in encounters with wild animals, which can be life threatening or cause injury;
weather may change rapidly and may be extreme, presenting obstacles and hazards which can be life threatening or cause injury;
you may travel to remote areas where access to rescue, evacuation and/or suitable medical supplies and support may not always be available.
Save as otherwise required by law, participants take part in courses at their own risk.
59. Independent Travel Arrangements
The Company is not responsible or liable for your actions or your safety for any independent travel you undertake before, during (if you choose or are forced to leave) or after the course.
60. Course Date Changes
Should you wish to change the date of your course, you may do so if you give us more than 14 working days’ notice prior to the course start date, provided that there are sufficient spaces available on the course on the date you wish to change to.
Any such change will be subject to an administration fee of £25.
61. If You Have A Complaint
If you have a complaint during your course, you must bring it to the attention of your course leader at the earliest appropriate opportunity in order that remedial action may, if appropriate, be taken. You expressly acknowledge that it is unreasonable to take no action during the course but to complain later. Any outstanding complaint not resolved during the course must be notified to us in writing within 30 days of the scheduled end of the course. To the extent permitted by law, we will not be liable in respect of any claims/complaints raised later than 30 days from the end of the relevant course.
62. Minimum Impact
We respect natural environments, endeavouring to have as little impact on them as possible. We will insist on strict environmental practices to ensure the continued quality of the natural environments in which we conduct our courses.
Procedures for sanitation, rubbish disposal and clean-up will be explained by your course leader and/or their assistants at appropriate times during the conduct of a course. You must observe these practices at all times.
63. Exclusions & Limitations Of Our Liability
Nothing in these Terms shall limit or exclude our liability for:
- death or personal injury caused by our negligence; or
- fraud or fraudulent misrepresentation; or
- any breach of the obligations implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982; or
- losses for which it is prohibited by section 7 of the Consumer Protection Act 1987 to limit liability; or
- any other matter for which it would be illegal or unlawful for us to exclude or attempt to exclude our liability.
Subject to clause 65:
we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising out of or in connection with the provision of, or failure to provide, a course; and
our total liability to you in respect of all other losses arising out of or in connection with the provision of, or failure to provide, a course, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall not exceed the price paid by you for the course.
Except as set out in these Terms, all warranties, conditions and other terms implied by statue or common law are, to the fullest extent permitted by law, excluded from these Terms.
This clause 63 shall survive termination of any Contract and the completion of any course.
64. Force Majeure
For the purposes of these Terms, a Force Majeure Event includes any act, event, non-occurrence, omission or accident beyond our reasonable control and includes, without limitation, the following:
- strikes, lock-outs, boycott or other industrial action (whether involving our workforce or any other party);
- civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
- act of God (including, without limitation, fire, tempest, storm, dangerously high winds, flood, earthquake, subsidence, epidemic, or other natural disaster);
- failure in the provision of any utility, including power, gas, water, or communication services;
- malicious damage or sabotage;
- compliance with any law or governmental order, rule, regulation, sanction, embargo or direction;
- breakdown, cancellation or failure of machinery or transportation (including, without limitation railways, shipping, aircraft, motor transport or other means of public or private transport); or
- default of suppliers or subcontractors.
We will not be liable to you as a result of any delay or failure to perform our obligations under these Terms as a result of a Force Majeure Event.
If the Force Majeure Event prevents us from commencing or completing the course as planned we shall, without limiting our other rights or remedies, in the sole discretion of the course leader either;
- seek an alternative means of meeting the course objectives in the time available, provided the course leader determines that it is reasonable and safe to do so (including, without limitation, achieving the objectives of the course at a different location or by following a different itinerary or route); or
- cancel the course immediately.
65. Variation of Terms
These Terms may be varied at any time, without notice. You will be subject to the Terms in force at the time that you make a booking request, unless any change to the Terms is required by law or government or regulatory authority in which case, the revised Terms shall apply to any booking you have previously made.
Before you enter into a Contract with us, we reserve the right to amend any of the courses, services and/or prices described on our website.
66. Severability of Terms
If any particular term or condition shall be held void or unenforceable in whole or part by any court or other competent authority, the remaining terms and conditions, and the remainder of the term or condition affected, shall remain in full force and effect.
67. Construction of Certain References
In these Terms, the following rules apply:
- a person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality);
- a reference to a person includes its personal representatives, successors or permitted assigns;
- a reference to a statute or statutory provision,
- is a reference to such statute or statutory provision as amended or re-enacted from time to time, and
- includes any subordinate legislation made under that statue or statutory provision, as amended or re-enacted from time to time;
- 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; and
- a reference to writing or written includes e-mails.
68. Governing Law and Jurisdiction
These Terms and each Contract and any dispute or claim arising out of or in connection with them (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of England and Wales and each party agrees to submit to the exclusive jurisdiction of the English Courts.
Data Protection (GDPR)
- The Company needs to collect and use certain types of information about course attendees and other individuals who come into contact with the Company. This personal information must be dealt with properly however it is collected, recorded and used — whether on paper, in a computer, or recorded on other material — and there are safeguards to ensure this in the General Data Protection Regulations 2018.
- The Company is registered with the Information Commissioners Office. Our registration number is; Z3457831.
- The Company regards the lawful and correct treatment of personal information as very important and therefore ensures that personal information is treated lawfully and correctly. To this end the Company fully endorses and adheres to the Principles of Data Protection, as detailed in the General Data Protection Regulations 2018. Specifically, the Principles require that personal information;
- Shall be processed fairly and lawfully and, in particular, shall not be processed unless specific conditions are met.
- Shall be obtained only for one or more specified and lawful purposes, and shall not be further processed in any manner incompatible with that purpose or those purposes.
- Shall be adequate, relevant and not excessive in relation to the purpose or purposes for which they are processed.
- Shall be accurate and, where necessary, kept up to date.
- Shall not be kept for longer than is necessary for that purpose or those purposes.
- Shall be processed in accordance with the rights of data subjects under the Act.
- Appropriate technical and organisational measures shall be taken against unauthorised or unlawful processing of personal data and against accidental loss or destruction of, or damage to, personal data.
- Shall not be transferred to a country or territory outside the European Economic Area unless that country or territory ensures an adequate level of protection for the rights and freedoms of data subjects in relation to the processing of personal data.
The Company will, through appropriate management, strict application of criteria and controls:
- Observe fully conditions regarding the fair collection and use of information.
- Meet its legal obligations to specify the purposes for which information is used.
- Collect and process appropriate information, and only to the extent that it is needed to fulfil operational needs or to comply with any legal requirements.
- Ensure the quality of information used.
- Apply strict checks to determine the length of time information is held.
- Ensure that the rights of people about whom information is held, can be fully exercised under the Act. These include the right;
- to be informed that processing is being undertaken.
- of access to one’s personal information.
- to prevent processing in certain circumstances.
- to correct, rectify, block or erase information which is regarded as wrong information.
- Take appropriate technical and organisational security measures to safeguard personal information.
- Ensure that personal information is not transferred abroad without suitable safeguards.
- Treat people justly and fairly whatever their age, religion, disability, gender, sexual orientation or ethnicity when dealing with requests for information.
- Set out clear procedures for responding to requests for information.
In addition, the Company will ensure that:
- There is someone with specific responsibility for Data Protection. The Company Data Protection Officer is the Director, Chris Garland.
- Everyone managing and handling personal information understands that they are contractually responsible for following good data protection practice.
- Anyone managing and handling personal information is appropriately trained to do so.
- Those managing and handling personal information is appropriately supervised.
- Anybody wanting to make enquiries about handling personal information knows what to do.
- Queries about handling personal information are promptly and courteously dealt with.
- Methods of handling personal information are clearly described.
- A regular review and audit is made of the way personal information is held, managed and used.
- Methods of handling personal information are regularly assessed and evaluated.
- Performance with handling personal information is regularly assessed and evaluated.
- A breach of the rules and procedures identified in this policy by a member of staff may lead to disciplinary action being taken.
This policy will be updated as necessary to reflect best practice in data management, security and control and to ensure compliance with any changes or amendments made to the General Data Protection Regulations 2018.
Code of Conduct
- This code of conduct policy outlines the conduct expected by everyone who is involved in any way with a course or event run by the Company.
- The “Code” is this Code of Conduct which defines the role and conduct expected of staff & Clients involved at all stages of the running of a course or event run by the Company.
- “Staff” & “The Team” & “Team Members” includes employees, subcontractors & volunteers acting on behalf of the Company.
- “Clients” includes all persons involved in a course who are not part of the “Forest Skills Team” whether or not they are actively involved in the course (e.g. including bystanders, parents, guardians, teachers and those in comparable roles in respect of Young Clients).
- “Young Clients” includes all persons under the age of 18 who are involved in a course & who are not part of the “The Team” whether or not they are actively involved in the course.
3. Code of Conduct
- All staff and Clients must conduct themselves in a reasonable manner at all times and maintain standards of conduct which are consistent with the aims of the course.
- Parents, guardians, and those in comparable roles in respect of Young Clients must ensure that those Young Clients for whom they are responsible, conduct themselves in a manner consistent with the aims of the course.
- Specific course rules will be explained at appropriate times during the course. Clients & Young Clients must observe these rules and the reasonable instructions of The Team at all times. Specifically, it’s important to:
- Be mindful of the need to maintain safety at all times.
- Always ensure equipment is used safely and for its intended purpose.
- Always ensure language is appropriate and not offensive or discriminatory.
- Be appropriately dressed for the activities.
- Be positive, enthusiastic and give feedback in a constructive manner.
- When working alongside Young Clients, it’s important that Clients & Team Members are aware that they may be seen as role models by Young Clients and must therefore act in an appropriate manner at all times. Specifically, it’s important to:
- Be mindful of the need to maintain safety at all times.
- Always ensure equipment is used safely and for its intended purpose.
- Always ensure language is appropriate and not offensive or discriminatory.
- Be appropriately dressed for the activity.
- Be positive, enthusiastic and give feedback in a constructive manner.
- Recognise the importance of fun.
- Demonstrate integrity and respect for Young Clients.
- Act as positive role models and display high standards of behaviour & conduct for Young Clients to follow.
- Challenge unacceptable behaviour and report all allegations/suspicions of abuse.
- Listen to and respect Young Clients at all times.
- Treat Young Clients fairly and without prejudice or discrimination.
- Ensure any contact with Young Clients is appropriate and in relation to the aims of the course.
- Give verbal praise to Young Clients demonstrating good work, good behaviour, cooperation and good group work.
- Respect a Young Clients right to personal privacy.
- Staff, Clients & Young Clients must not:
- Take unnecessary risks when common sense, policy or practice suggests a more prudent approach.
- Adopt an attitude of complacency with regard to your own conduct.
- Patronise staff members, Clients or Young Clients.
- Make sarcastic, insensitive, derogatory or sexually suggestive comments or gestures.
- Act in a way that can be perceived as threatening, abusive or intrusive.
- Use any form of physical or emotional punishment.
- Allow bullying or bad behaviour.
- Let allegations made by a Young Client go unchallenged, unrecorded or not acted on.
- Let Young Clients have staff or Clients personal contact details (mobile number, address or social media contact details).
- Have or develop inappropriate relationships with Young Clients.
- Make inappropriate promises to children and young people, particularly in relation to confidentiality.
4. Upholding the Code of Conduct
- Everyone is expected to report any breaches of the Code noted during a course run by the Company to the Director of the Company & if necessary, under child protection procedures.
- Any breach the Code by an employee of the Company may be result in them being subject to the Company’s disciplinary procedures.
- Any breach of the Code by Client or Young Client, may result in them being asked to leave the course. Serious breaches may also result in a referral being made to a statutory agency such as the police, the local authority children’s social care department and/or the Independent Safeguarding Authority.
- If, in the sole opinion of the instructor, the behaviour of a Client, Young Client, subcontract Staff, member of Staff from another agency, etc., is deemed unsafe or unacceptable for whatever reason, that person and any Young Client for whom they are responsible for will, in the absolute discretion of the instructor, be removed from the course (and, if necessary, this may be against their will). Circumstances in which this may occur include, without limitation;
- Intoxication; or
- Use of non-prescription drugs; or
- Disorderly, abusive or dangerous behaviour; or
- Intentional damage to property; or
- In ability to meet the rigours of the course through physical or mental reasons; or
- Through thorough lack of appropriate equipment; or
- Failure by parents, guardians, teachers and those in comparable roles in respect of Young Clients to ensure that those Young Clients conduct themselves in a manner consistent with the aims of the course.
- In such circumstances, you will not be entitled to a refund of monies and we will not be liable to pay any compensation or incidental costs or expenses that you may incur as a result of such removal or for any other loss or damage howsoever caused arising out of your removal. You will, on demand, reimburse us for our reasonable costs of effecting your removal.
- Should a member of staff, Client, Young Client, subcontract Staff, member of Staff from another agency, etc., accidentally hurt or distresses a Young Client in any way, or the Young Client misunderstands something which that person has done, it should be reported as soon as possible to Chris Garland (Director of the Company). The incident will also be noted on the Company Near Miss, Incident & Accident Reporting Form. The Young Clients parents or guardians should be informed of the incident and asked to sign the form as per the Near miss, Incident & Accident Reporting Policy.
- Where courses & events are being run outdoors, shelter will be immediately sought or aborted when;
- thunder storms are less than 30 miles away. This is calculated by counting the number of seconds that pass between a flash of lightning and the crack of thunder that follows it, then dividing that number by five. The resulting number will tell you how many miles away you are from where lightning just struck.
- wind speeds are gusting above, or steady at Beaufort 5. This is defined as;
- Wind Speed = 19–24mph.
- Description = Fresh Wind.
- Land Conditions = Smaller trees sway.
- Sea Conditions = Many white caps, some spray, waves 4–8 feet high.