Training Terms and Conditions
1 Information about us and how to contact us
1.1 Who we are: We are St John Ambulance a
company registered in England and Wales. Our company registration
number is 3866129 and our registered office is at St John’s Gate,
Clerkenwell, London, EC1M 4DA. Our registered charity number is
1077265/1.
1.2 How to contact us: You can contact us by
telephoning our booking team on 0844 770 4800 or by writing to us
at workplace-training@sja.org.uk.
1.3 How we may contact you: If we have to
contact you we will do so by telephone or by writing to you at the
email address you provided to us in your booking. We may from time
to time contact you using alternative communication channels, which
may include social media, web chat or SMS.
1.4 "Writing" includes emails: When we use the
words "writing" or "written" in these terms, this includes
emails.
2 These terms
2.1 What these terms cover: These are the terms
and conditions on which we supply training services to you.
2.2 Why you should read them: These terms tell
you who we are, how we will provide training services to you, how
you and we may change or end the contract, what to do if there is a
problem and other important information. If you think that there is
a mistake in these terms, please contact us to discuss. If you are
a National Account customer, please refer to your Training Services
Agreement.
2.3 Are you a business customer or a consumer?
You may have different rights under these terms depending on
whether you are a business or consumer. You are a consumer if:
- • You are an individual; and
- • You are buying training services from us wholly or mainly for
your personal use (not for use in connection with your trade,
business, craft or profession).
3 Booking a course
3.1 How we will accept your booking: Our
acceptance of your booking will take place when we email you with a
booking confirmation, at which point a contract will come into
existence between you and us.
3.2 If we cannot accept your booking: If we are
unable to accept your booking, we will inform you of this and will
not charge you for the training course. This might be because the
training course is fully booked, because of unexpected limits on
our resources which we could not reasonably plan for or because we
have identified an error in the price or description of the
training course.
3.3 Your booking reference number: We will
assign a booking reference number to your booking and tell you what
it is when we accept your booking. It will help us if you can tell
us the booking reference number whenever you contact us about your
booking.
3.4 Your responsibility to book the correct training
course: You acknowledge that you are responsible for the
selection of the training course.
4 Your rights to make changes
If you wish to make a change to the training course you have
booked please contact us. We will let you know if the change is
possible. If it is possible we will let you know about any changes
to the price of the training course, the timing of the training
course or anything else which would be necessary as a result of
your requested change and ask you to confirm whether you wish to go
ahead with the change.
5 Our rights to make changes
5.1 Minor changes to the training courses: We
may change the training courses:
- 5.1.1 to reflect changes in relevant laws and regulatory
requirements; and
- 5.1.2 to implement minor technical adjustments and
improvements, for example to address a security threat. These
changes will not affect the training course.
5.2 More significant changes to the training courses and
these terms: In the event that we need to make significant
changes to the training course or these terms, we will notify you
and you may then contact us to transfer the booking to another
individual at no cost or to transfer your booking to another course
(for which a transfer fee may be payable).
6 Transferring your booking
6.1 Please contact us on 0844 770 4800 or
workplace-training@sja.org.uk if you wish to transfer your booking
to another individual or training course.
6.2 If you wish to transfer your booking on a specific training
course to another individual, this is not subject to any transfer
fee.
6.3 If you wish to transfer your booking from one training
course to another training course, this is subject to a fee as set
out below:
In the case of transfer:
More than 4 weeks before the training course is due to
commence:
- • First transfer at no charge
- • Subsequent transfer: 25% of amount charged
Between 2-4 weeks before the training course is due to
commence:
- • 25% of booking fee will be charged as a transfer fee
Less than 2 weeks before the training course is due to
commence:
- • 50% of booking fee will be charged as a transfer fee
6.4 Any transfer of booking will not be completed until:
- 6.4.1 you have received an email confirming your booking onto
an alternative training course; or
- 6.4.2 the individual to whom you are transferring your booking
has received an email confirming their booking.
6.5 Nothing in these terms allows you to resell or offer for
resale at a premium, your booking on the training course unless
expressly authorised by us. These are grounds for cancellation by
us.
7 Providing the training course
7.1 Suitability for the training course: Please
note it is your responsibility to ensure that you or any
individuals you book on the training course are free from any
condition which would affect your or their capability to undertake
the chosen training course, and that you or they have the aptitude
to cope with an intensive course of study. We welcome students with
disabilities but it remains their employer’s responsibility to
ensure that they are appropriately supported in their workplace. St
John Ambulance would welcome in advance, for setup purposes,
notification of any assistance that a student is likely to need
during the running of the course.
Delegates need a basic command of English (defined as Level 2).
So whilst we are often able to provide support to people who for
example do not have English as a first language, our ability to do
so is limited by the time available and the number of people who
require assistance, although we may be able to make special
arrangements if requested in advance. Please contact us if you need
any guidance.
7.2 Training course information: During the
booking process we will let you know when and where the training
course will be taking place. We will provide joining instructions
at least 4 weeks prior to the training course.
7.3 We are not responsible for delays outside our
control: If the training course is delayed by an event
outside our control then we will contact you as soon as possible to
let you know and we will take steps to minimise the effect of the
delay. Provided we do this we will not be liable for delays caused
by the event, but if there is a risk of substantial delay we will
use reasonable endeavours to book you onto an equivalent training
course.
7.4 What will happen if you do not give required
information to us: We will need certain information from
you so that we can supply the training course to you, for example,
delegate name. If so, this will have been stated in the description
of the training course on our website. We will contact you to ask
for this information. Additionally, you must provide the following
information: details of any assistance that you or an individual
you have booked onto a training course is likely to need during the
running of a course.
If you do not give us this information within a reasonable time
of us asking for it, or if you give us incomplete or incorrect
information, we may either end the contract (and clause 11 will
apply) or make an additional charge of a reasonable sum to
compensate us for any extra work that is required as a result. We
will not be responsible for complications on the day of the
training course if this is caused by you not giving us the
information we need within a reasonable time of us asking for
it.
7.5 Resupplying a training course: If we decide
in our sole discretion that a participant has not achieved the
learning outcomes of the training course and/or the assessment
standard, then we shall inform the participant and we reserve the
right to charge for any further training or coaching over and above
that provided on the training course.
8 Removal from the training course
8.1 We reserve the right to refuse to allow you, or any person
booked by you, to participate, or continue to participate, in the
training course if you:
- 8.1.1 give cause for concern that your continued participation
may cause offence or injury to yourself or other participants;
- 8.1.2 do not arrive in time for the training course or any part
of it;
- 8.1.3 are deemed by us (acting reasonably) to behave
inappropriately;
- 8.1.4 are, in our reasonable opinion, under the influence of
drugs and/or alcohol;
- 8.1.5 are not dressed appropriately throughout the course;
- 8.1.6 do not maintain appropriate personal hygiene. We
recommend that no heavily scented perfumes, colognes or lotions are
used; or
- 8.1.7 do not meet the minimum age requirement for the training
course.
8.2 Your removal from the training course will entitle us to end
the contract as per clause 11.
8.3 Your removal from the training course under this clause 8
will not entitle you to any refund.
9 Your rights to end the contract
9.1 You can always end your contract with us:
Your rights when you end the contract will depend on what you have
bought, whether there is anything wrong with it, how we are
performing, when you decide to end the contract and whether you are
a consumer or business customer:
- 9.1.1 If the training course is misdescribed you may
have a legal right to end the contract: (or participate in
an equivalent training course or to get some or all of your money
back);
- 9.1.2 If you want to end the contract because of
something we have done or have told you we are going to do,
see clause 9.2;
- 9.1.3 If you are a consumer and have just changed your
mind about the training course, see clause 9.3. You may be
able to get a refund if you are within the cooling-off period, but
this may be subject to deductions (such as any administration
fee);
- 9.1.4 In all other cases (if we are not at fault and
you are not a consumer exercising your right to change your mind),
see clause 9.6.
9.2 Ending the contract because of something we have
done or are going to do: If you are ending a contract for
a reason set out at 9.2.1 to 9.2.3 below the contract will end
immediately. We shall use reasonable endeavours to offer you an
alternative training course. If no alternative training course is
available, we will refund you in accordance with clause 10.2. The
reasons are:
- 9.2.1 we have told you about an upcoming change to the training
course or these terms which you do not agree to (see clause
5.2);
- 9.2.2 we have told you about an error in the price or
description of the training course you have booked and you do not
wish to proceed;
- 9.2.3 you have a right to end the contract because of something
we have done wrong.
9.3 Exercising your right to change your mind if you are
a consumer (Consumer Contracts Regulations 2013): If you
are a consumer then for most products and/or services bought online
you have a legal right to change your mind within 14 days and
receive a refund. These rights, under the Consumer Contracts
Regulations 2013, are explained in more detail in these terms.
9.4 How long do consumers have to change their
minds? If you are a consumer you have 14 days after the
day we email you to confirm your booking, this is your cooling-off
period. However, if the training course takes place during the
cooling-off period and you take part in the training course you
cannot change your mind, even if the cooling-off period is still
running.
9.5 If you need to end the contract for reasons that
prevent your participation: If you are prevented from
participating, for example due to injury or ill health, then you
can:
- 9.5.1 defer your booking to another training course in the same
calendar year. If the alternative training course is a higher price
than the course you booked onto, you will be required to pay the
difference but no transfer fee will be payable; or
- 9.5.2 transfer your booking to another individual in accordance
with clause 6.
You must provide a note from a doctor in order to exercise the
options in clause 9.5.1 to clause 9.5.2 above.
9.6 Ending the contract where we are not at fault and
there is no right to change your mind: Even if we are not
at fault and you are not a consumer who has a right to change their
mind (see clause 9.1), you can still end the contract before it is
completed, but you may have to pay us compensation as set out
below:
In the case of cancellation:
More than 4 weeks before the training course is due to
commence:
- • Full refund of booking fee
Between 2-4 weeks before the training course is due to
commence:
- • 50% of booking fee will be refunded
Less than 2 weeks before the training course is due to
commence:
- • The booking fee will not be refunded.
In all cases, notice of cancellation must be confirmed in
writing addressed to the contact details on the booking
confirmation.
10 How to end the contract with us (including if you are a
consumer who has changed their mind)
10.1 Tell us you want to end the contract: To
end the contract with us, please let us know by doing one of the
following:
- 10.1.1 Phone or email: Call customer services on 0844 770 4800
or email us at workplace-training@sja.org.uk.
Please provide your name, address, details of the booking and,
where available, your phone number and email address.
10.2 How we will refund you: If you are
entitled to a refund under these terms we will refund you the price
you paid for the training course less any administration fee, by
the method you used for payment. If you are a business and make
payment pursuant to an invoice, we will credit the refund amount to
your account. You may contact our Shared Services Centre at
credit-control@sja.org.uk
if you wish to apply for a refund instead of a credit to your
account. You will need to include your account code, invoice or
credit note number and bank details.
10.3 When your refund will be made: We will
make any refunds due to you as soon as possible. If you are a
consumer exercising your right to change your mind then your refund
will be made within 14 days of your telling us that you have
changed your mind.
11 Our rights to end the contract
11.1 We may end the contract if you break it:
We may end the contract for a training course at any time to you if
(for example):
- 11.1.1 we remove you, or any person booked by you, from the
training course due to one of the reasons listed in clause
8.3;
- 11.1.2 you do not make any payment to us when it is due;
- 11.1.3 you do not, within a reasonable time of us asking for
it, provide us with information that is necessary for us to provide
the training course; or
- 11.1.4 a participant arrives late for a course or is absent
from any session, we reserve the right to refuse to accept the
participant for training, if we decide in our sole discretion that
the participant will gain insufficient knowledge or skill in the
time remaining. To conform with Health & Safety Executive (HSE)
requirements for statutory certificates, attendance at all sessions
is mandatory.
12 If there is a problem
How to tell us about problems: If you have any
questions or complaints about the training course, please contact
us. You can telephone our customer service team at 0844 770 4800 or
write to us at workplace-training@sja.org.uk.
13 Price and payment
13.1 Where to find the price for the training
course: The price of the training course (which is shown
excluding and including VAT) will be the price indicated on the
booking pages when you made your booking. We take reasonable care
to ensure that the price of the training course advised to you is
correct. However please see clause 13.2 for what happens if we
discover an error in the price of the training course you book.
13.2 What happens if we got the price wrong: It
is always possible that, despite our best efforts, some of the
training courses we provide may be incorrectly priced. Where the
training course’s correct price at your booking date is less than
our stated price at your booking date, we will refund the
difference. If the training course’s correct price at your booking
date is higher than the price stated to you, we will contact you
for your instructions. If we accept and process your training
course booking where a pricing error is obvious and unmistakable
and could reasonably have been recognised by you as a mispricing,
we may end the contract and refund you any sums you have paid.
13.3 When you must pay and how you must pay: We
accept payment with American Express, Mastercard, VISA credit cards
and VISA debit cards. You must pay the full price of the training
course when booking through our website.
13.4 Our right of set-off if you are a business
customer: If you are a business customer you must pay all
amounts due to us under these terms in full without any set-off,
counterclaim, deduction or withholding (other than any deduction or
withholding of tax as required by law). If you require an invoice
in order to make payment, you must provide us with a valid purchase
order number and the invoice will be payable within 30 days from
the date of the invoice.
14 Our responsibility for loss or damage suffered by you if you
are a consumer
14.1 We are responsible to you for foreseeable loss and
damage caused by us: If we fail to comply with these
terms, we are responsible for loss or damage you suffer that is a
foreseeable result of our breaking this contract or our failing to
use reasonable care and skill, but we are not responsible for any
loss or damage that is not foreseeable. Loss or damage is
foreseeable either if it is obvious that it will happen or if, at
the time the contract was made, both we and you knew it might
happen, for example, if you discussed it with us during the sales
process.
14.2 We do not exclude or limit in any way our liability
to you where it would be unlawful to do so: This includes
liability for death or personal injury caused by our negligence or
the negligence of our employees, agents or subcontractors; for
fraud or fraudulent misrepresentation; for breach of your legal
rights in relation to the training course.
14.3 We are not liable for business losses: If
you are a consumer we only supply the training course for to you
for domestic and private use. If you use the training course for
any commercial or business purpose our liability to you will be
limited as set out in clause 15.
14.4 Nothing in these terms and conditions waives your statutory
rights.
15 Our responsibility for loss or damage suffered by you if you
are a business
15.1 Nothing in these terms shall limit or exclude our liability
for:
- 15.1.1 death or personal injury caused by our negligence, or
the negligence of our employees, agents or subcontractors (as
applicable);
- 15.1.2 fraud or fraudulent misrepresentation;
- 15.1.3 breach of the terms implied by section 2 of the Supply
of Goods and Services Act 1982; or
- 15.1.4 any matter in respect of which it would be unlawful for
us to exclude or restrict liability.
15.2 Except to the extent expressly stated in clause 13 all
terms implied by sections 3 to 5 of the Supply of Goods and
Services Act 1982 are excluded.
15.3 Subject to clause 15.1:
- 15.3.1 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 direct, indirect or consequential loss
arising under or in connection with any contract between us;
and
- 15.3.2 our total aggregate liability to you for all other
losses arising under or in connection with any contract between us,
whether in contract, tort (including negligence), breach of
statutory duty, or otherwise, shall be limited to 100%) of the
total sums paid by you for training courses under such
contract.
16 How we use personal data
16.1 How we use your personal data if you are a
consumer
- 16.1.1 When you book direct with us a consumer, St John
Ambulance is the ‘data controller’ for your personal data. Our
registration number onthe data protection register is Z7376592. Our
full privacy policy is available here
on our website.
- 16.1.2 We use your name and contact details to take your
booking and send you joining instructions, and to provide you with
the training and to issue your certificate. If you provide us with
information about making the course accessible to you we will only
use it for that purpose.
- 16.1.3 The trainer will use continuous observation and other
methods appropriate to the course content to assess if you meet the
standard required to pass the course.
- 16.1.4 If your course is externally accredited we will provide
your name, contact details and course outcome to the awarding body.
The awarding body becomes the data controller for that information.
Details of the awarding bodies are set out in clause17.
- 16.1.5 We use external companies to issue training certificates
on our behalf, and we have written contracts in place with
them.
- 16.1.6 We will send emails to you about our refresher training,
and again when your certificate is due to expire. Please let us
know if you do not want to receive these reminders by phoning our
customer service team at 0844 770 4800 or writing to us at workplace-training@sja.org.uk.
- 16.1.7 We keep your information for 5 years after you have
completed your training course.
- 16.1.8 At the end of the course we will ask if we can continue
to keep in touch with you by email about the other work that we do
and how you can support our charity.
- 16.1.9 If you have any questions about how we use your
information please contact our customer service team at 0844 770
4800 or at workplace-training@sja.org.uk
or contact our Data Protection Officer at data-protection@sja.org.uk.
- 16.1.10 If you would like a copy of your personal data, or
would like us to delete it or stop using it, then please let us
know by contacting the Data Protection Officer at data-protection@sja.org.uk.
You can find out more information about your data rights on the
Information Commissioner’s website https://ico.org.uk/.
- 16.1.11 If you are not happy with how we have used your
personal data you have the right to make a complaint to the
Information Commissioner's Office (ICO) by phoning 0303 123 1113 or
writing to casework@ico.org.uk
16.2 How we process personal data if you are a business
customer
- 16.2.1 You are the Data Controller and St John Ambulance is the
Data Processor in relation to the personal data which you provide
to us. We use this to take your booking and send your delegates
their joining instructions, and to provide them with the training
and issue their certificates.
- 16.2.2 We will only use the personal data for this purpose or
in accordance with your instructions as Data Controller, unless
otherwise required by law. In which case we will notify you, unless
prohibited from doing so by law. We will notify you if any of your
instructions infringe the data protection legislation.
- 16.2.3 Some courses may require delegates to provide proof of
ID.
- 16.2.4 If you provide us with information about making the
course accessible to your delegates we will only use it for that
purpose.
- 16.2.5 The trainer will use continuous observation and other
methods appropriate to the course content to assess if your
delegates meet the standard required to pass the course.
- 16.2.6 If the course is externally accredited we will provide
their name, contact details and course outcome to the awarding
body. The awarding body becomes the data controller for that
information. Details of the awarding bodies are set out in clause
17.
- 16.2.7 We will send emails to your staff about our refresher
training, and again when certificates are due to expire. Please let
us know if you do not want to receive this reminder by phoning our
customer service team at 0844 770 4800 or writing to us at workplace-training@sja.org.uk.
- 16.2.8 We will provide all reasonable assistance to you in the
preparation of any data protection impact assessment prior to
processing the personal data that you provide to us.
- 16.2.9 We will implement appropriate technical and
organisational measures to keep your data secure.
- 16.2.10 We will take all reasonable steps to ensure the
reliability and integrity of our staff who have access to the
personal data and ensure that they are informed of the confidential
nature of the Personal Data and have undergone adequate training in
the use, care, protection and handling of personal data. We will
ensure they do not publish, disclose or divulge any of the personal
data to any third party unless directed in writing to do so by you
or as otherwise permitted by these terms and conditions.
- 16.2.11 We will not transfer the personal data outside of the
EEA other than in accordance with your written instructions.
- 16.2.12 We will notify you without undue delay and within 24
hours of becoming aware of a personal data breach and will assist
you in meeting your obligations under the data protection
legislation.
- 16.2.13 We will notify you without undue delay and within 24
hours of receiving a Subject Access Request or request to erase any
personal data, or any other request, complaint or communication
relating to obligations under the data protection legislation or
communication from the Information Commissioner or any other
regulatory authority.
- 16.2.14 We use external companies to issue training
certificates on our behalf, and we have written contracts in place
with them.
- 16.2.15 We will not authorise any other third parties to
process the personal data other than with your prior written
consent, and we will ensure that a written contract is in place
with any such sub-processors.
- 16.2.16 We will keep a record of the processing of personal
data that we carry out on your behalf.
- 16.2.17 We will facilitate audits of our data processing
activity by you or your designated auditor.
- 16.2.18 Where you are the data controller, we will delete or
return all personal data to you on your instructions unless
otherwise required by law. Unless you instruct us otherwise, we
keep training records for 5 years.
- 16.2.19 At the end of the course we will ask delegates if we
can continue to keep in touch with them by email about the other
work that we do and how they can support our charity. We become the
Data Controller for that personal data.
Awarding Bodies
Professional Drivers First Aid - Joint Approvals Unit for Periodic
Training
Risk Assessment - British
Safety Council
Working and Managing Safely - Institute of Occupational Safety and
Health
Mental Health First Aid - Mental Health First Aid England
18 Intellectual Property Rights and Confidential
Information
18.1 Materials distributed during a training
course: We may distribute materials during a training
course that you can take away with you. All intellectual property
rights in any such materials shall be owned by us.
18.2 Retention of our intellectual property:
Participation in the training course does not confer any
intellectual property rights (by implication or otherwise) on you
to use, alter, copy or otherwise deal with any of the symbols,
trademarks, logos and/or intellectual property of SJA or in the
materials referred to in clause 18.1.
18.3 Confidential information: In the event
that we disclose any confidential information to you, you agree
that you shall not at any time disclose to any person any such
confidential information except at may be required by law, court
order, or any governmental or regulatory authority.
19 Other important terms
19.1 We may transfer this agreement to someone
else: We may transfer our rights and obligations under
these terms to another organisation. We will contact you to let you
know if we plan to do this.
19.2 You need our consent to transfer your rights to
someone else: You may only transfer your rights or your
obligations under these terms to another person if we agree to this
in writing.
19.3 Nobody else has any rights under this contract
(except someone you pass your guarantee on to): Save where
an employer books a training course for employee(s), this contract
is between you and us. No other person shall have any rights to
enforce any of its terms.
19.4 If a court finds part of this contract illegal, the
rest will continue in force: Each of the paragraphs of
these terms operates separately. If any court or relevant authority
decides that any of them are unlawful, the remaining paragraphs
will remain in full force and effect.
19.5 Even if we delay in enforcing this contract, we can
still enforce it later: If we do not insist immediately
that you do anything you are required to do under these terms, or
if we delay in taking steps against you in respect of your breaking
this contract, that will not mean that you do not have to do those
things and it will not prevent us taking steps against you at a
later date.
19.6 Freedom of Information: Where you are a
Public Authority as defined in the Freedom of Information Act 2000
(the “FOIA”) you agree to notify us immediately if you receive any
FOIA request for information regarding us or our business, and you
agree to consult with us regarding the application of any
exemptions under the FOIA in relation to such request. We agree to
cooperate with you in relation to the FOIA.
19.7 If you are a business customer this is our entire
agreement with you: If you are a business customer these
terms constitute the entire agreement between us in relation to our
purchase. You acknowledge that you have not relied on any
statement, promise, representation, assurance or warranty made or
given by or on behalf of us which is not set out in these terms and
that you shall have no claim for innocent or negligent
misrepresentation or negligent misstatement based on any statement
in this agreement.
19.8 Which laws apply to this contract and where you may
bring legal proceedings if you are a consumer: These terms
are governed by English law and you can bring legal proceedings in
respect of the training course in the English courts. If you live
in Scotland you can bring legal proceedings in respect of the
training course in either the Scottish or the English courts. If
you live in Northern Ireland you can bring legal proceedings in
respect of the training course in either the Northern Irish or the
English courts.
19.9 Which laws apply to this contract and where you may
bring legal proceedings if you are a business: If you are
a business, any dispute or claim arising out of or in connection
with a contract between us or its subject matter or formation
(including non-contractual disputes or claims) shall be governed by
and construed in accordance with the law of England and Wales and
the courts of England and Wales shall have exclusive jurisdiction
to settle any such dispute or claim.