Terms and Conditions
Terms and Conditions
- We reserve the right to update these Terms from time to time at our discretion. We may do so for technical or legal reasons, or because the needs of our business have changed. You agree that if you do not accept any amendment to our Terms then you shall immediately stop accessing and/or using the Site. If we reasonably believe that the change to the Terms is significant, we shall notify all registered users by email. Otherwise, updated Terms will be effective as soon as they are accessible. You are responsible for regularly reviewing these Terms so that you are aware of any changes to them.
- We provide services and platforms for users who are interested in developing their training business and/or seek training services. Our services and platforms are therefore provided to professionals, and not to consumers. Accordingly, consumer rights to cancel subscriptions for content and services do not apply.
2.1 In these Terms, the following words have the following meanings:
Associate Alert Service: the subscription only notification service that we provide to Users in consideration of the Fee;
Event: an event taking place off line such as Trainer Talk live;
Fees: the fees including subscription fees due for the Services we provide;
Our Content: all content and materials on the Site or otherwise provided to you through a Service, including all information, data, text, images, recordings and software but always excluding any User Content.
Programme: the subscription only online training programme provided by pre-recorded and/or interactive webinars or a one-to-one session;
Services: all services that we provide from time to time, including the Associate Alert Service, the Events, the Programme, Trainer Talk and the provision of Our Content and the Site;
Site: any site owned and operated by us, including www.thetrainerstrainingcompany.co.uk;
Trainer Talk: the subscription only service where Users can connect and communicate with each other, including Trainer Talk Live;
User Content: all content and materials including information, data, text, images, recordings and software posted by a User on the Site or otherwise provided by a User to a User or to us as part of the receipt of the Services; and
User, you: any user of the Site.
2.2 In these Terms, words in the singular include the plural and in the plural include the singular; headings are for convenience only and shall not affect construction; reference to including shall be treated as being by way of example and shall not limit the general applicability of any preceding words; and reference to any legislation shall be to that legislation as amended, extended or re-enacted from time to time and to any subordinate provision made under that legislation.
- Registering on the Site and Use of the Site
3.1 In order to access many parts of the Sites, you are required to register. To register, you must:
(a) be at least 18 years old;
(b) be legally capable of entering into a contract;
(c) not have any criminal conviction anywhere in the world, excluding an offence under road traffic legislation in the United Kingdom or elsewhere for which your are not sentenced to any term of imprisonment whether immediate or suspended;
(d) have appropriate qualifications or experience necessary for the sort of training services you offer (if any); and
(e) be legally entitled to work in the UK.
At our request, you shall provide evidence of your compliance with this Condition 3.1.
- When you register on a Site for Trainer Talk you will create a username and password. You are responsible for keeping your username and password confidential and you are responsible for any activity under your account. Please take precautions to protect your password and contact us immediately by email at at firstname.lastname@example.org if you believe there has been any unauthorised use of your account.
- When you use the Site you must comply with all applicable laws. In particular, but without limitation, you agree not to:
(a) try to gain unauthorised access to the Site or any networks, servers or computer systems connected to the Site;
(b) harvest or otherwise collect non-public information about another User obtained through the Site (including email addresses), without the prior written consent of the holder of the appropriate rights to such information;
(c) add another User to your email or physical mailing list without their consent after adequate disclosure, or use their email address or contact details for antisocial, disruptive, or destructive purposes; and/or
(d) reproduce, redistribute, sell, create derivative works from, decompile, reverse engineer, or disassemble all or part of the Site save to the extent expressly permitted by law not capable of lawful exclusion.
- Our Content
4.1 The copyright in Our Content is owned by or licensed to us. All rights are reserved. You can view, print or download extracts of Our Content for your own personal use. However, you cannot otherwise copy, edit, vary, reproduce, publish, display, distribute, store, transmit, commercially exploit, disseminate in any form whatsoever or use Our Content without our permission.
4.2 We reserve the right to remove any of Our Content from the Site for any reason, without prior notice, and shall have no liability or responsibility to you in any manner whatsoever in such circumstances.
5.1 The Fee for an Event is set out on the Site and payment is made through PayPal.
5.2 The Fee for an Event is non-refundable even if you are unable to attend the Event. The transfer or re-sale of your right to attend an Event is prohibited without our prior permission. You may not attend an Event unless the Fee has been paid in full.
5.3 When you attend an Event you agree to comply with the rules and regulations of the Event venue, and you agree that we shall be entitled to refuse you entry and/or require you to leave the Event if you fail to do so.
5.4 When you attend an Event you may film, photograph or otherwise record the Event and share such materials with third parties, including on social media provided that you are not disparaging about the Event and you attribute the Event to us. However, you may only photograph, film or otherwise record any other attendees with their prior consent
5.5 You agree that we may film, photograph or otherwise record your attendance, including any feedback you give to us and use such recordings for any purpose relating to our business including on our Site.
5.6 You understand and agree that if you attend an Event, your name and email address will be shared with all other delegates attending the Event. You agree only to use another delegate’s contact details for business purposes related to training.
5.7 For reasons outside of our control, we may need to change the venue for an Event. We shall contact you by email as soon as we are able to do so in such circumstances with details of the new venue. We shall have no liability to you if we are forced to change the venue, and/or for any failure to host an Event for reasons outside of our control except to refund to you the Fee for the Event.
6.1 The Fee for a Programme is set out on the Site and payment is made through PayPal. Once you sign up for a Programme, you cannot cancel even though you may be making payments by instalment.
6.2 No refund shall be due to you if you are unable to attend any part of the Programme. The transfer or re-sale of your right to attend all or part of a Programme is prohibited without our prior permission.
6.3 Users may not record a Programme without our prior consent.
6.4 If you have subscribed to a Programme for a fixed term, you are not entitled to any refund if you choose to terminate or otherwise no longer participate in the Programme.
- Subscribers to Trainer Talk
7.1 The minimum period of monthly subscription to Trainer Talk (which includes Trainer Talk Live events) is 3 months. There is no minimum period of monthly subscription to Trainer Talk Online.
7.2 No refund shall be due to you in respect of the Fees paid for Trainer Talk even if you are unable to attend a Trainer Talk Live session. The transfer or re-sale of your subscription to Trainer Talk is prohibited without our prior permission.
7.3 Users agree that whilst participating in Trainer Talk, they will interact with other Users. Accordingly, Users should not discuss any information that they wish to keep confidential and/or that they are lawfully required to keep confidential. Users should also comply with the obligations in respect of User Content set out in Condition 9 when participating in Trainer Talk.
7.4 Users may not record a Trainer Talk session without our prior consent and the prior consent of all other Users involved in a Trainer Talk session.
7.5 You agree that we may film, photograph or otherwise record your involvement in Trainer Talk including any feedback you give to us and use such recordings for any purpose relating to our business including on our Site.
- Associate Alert Service
8.1 In consideration of the Fee, you can subscribe to our Associate Alert Service.
8.3 All Users who have subscribed to the Associate Alert Service warrant and represent that they are self-employed and are not our employee. Users are responsible for making appropriate PAYE deductions for tax and national insurance contributions and the User shall indemnify us (on a full indemnity basis) in respect of any claims or demands which may be made by the relevant authorities against us in respect of income tax and national insurance contributions (or their local equivalent) relating to the User, including any interest or penalties and any costs or expenses we incur in relation to the claim.
8.4 All Users acknowledge and agree that the Associate Alert Services is provided for information purposes only. We do not seek to introduce or supply trainers in respect of any specific vacancy or otherwise. We do not act as an employment agency and/or an employment business. This means that we do not have the obligations of an employment agency and/or an employment business under the applicable laws, including any obligation to confirm the identity and/or suitability of a trainer for a particular job and/or the suitability of a particular job for a trainer. If Users work together to obtain and receive training services, each User agrees that we shall have no liability for the acts or omissions of the other User, including the provision of the training services and/or the payment of any fee due for such training services.
8.5 It is therefore the responsibility of each User to ensure that the information about any individual received through the Associate Alert Services is suitable for their purposes. All normal, prudent checks should be carried out Users, including checks on identity, qualifications, experience and references together with, a detailed understanding of the requirements for services.
8.6 Each User of the Associate Alert Service must also keep their registered email address up-to-date. We are not liable, and no refund shall be due, for any period when we have sent information to an unused email address and/or if your email system stores an email from us in your junk or spam folder and you fail to check that folder.
8.7 If you have subscribed to the Associate Alert Service for a fixed term, you are not entitled to any refund if you choose to terminate or otherwise no longer participate in the Associate Alert Service. Subscription to Associate Alert Service is on a monthly basis, and accordingly, you can cancel your membership on one month’s notice by email to email@example.com.
- User Content
9.1 There are opportunities for Users to upload User Content when receiving Services and otherwise in relation to the Sites, including at Trainer Talk sessions and forums, Q&A sessions, feedback and reviews.
9.2 All User Content must not:
(a) breach the provisions of any law, statute or regulation including the Equality Act 2010 and the Protection from Harassment Act 1997;
(b) be defamatory, obscene or offensive;
(c) infringe the copyright, database rights, trade mark rights or other intellectual property rights of any third party;
(d) involve the transmission of junk mail or spam
(e) be made in breach of any legal duty owed to a third party, such as a contractual duty and/or a duty of confidence;
(f) engage in commercial activities not relating to the Services in question;
(g) be illegal, dishonest, false, inaccurate or misleading;
(h) incite hatred of any sort;
(i) contain any virus or malicious code; and/or
(j) give rise to any cause of action against us whatsoever.
9.3 We do not actively monitor or review any User Content. However, we reserve the right to:
(a) require you to amend any User Content; and/or
(b) remove any User Content at any time and without notice to you if we reasonably believe that such content infringes any of the provisions of Condition 9.2. In such circumstances, no refund of the Fee shall be due to the User.
9.4 You agree that we may use the User Content as we deem fit in relation to the provision of the Services and the Site in perpetuity without further reference to you.
9.5 Each User shall indemnify us and keep us indemnified and held harmless from and against any costs, claims, losses, damages, expenses and liabilities that we may suffer or incur arising as a result of any claim or allegation in relation to any User Content provided by that User and/or any other act or omission of a User.
- Site Availability
10.1 We will use reasonable endeavours to maintain and make available to you the Site at all times. However, there may be occasions when access to the Site may be interrupted, including for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment. We shall use reasonable endeavours to notify all registered Users of any scheduled maintenance or upgrades, and to schedule such maintenance and upgrades outside of normal working hours. However, you agree that we have no liability to you for such interruptions.
10.2 For the avoidance of doubt, we shall also not be liable if you are unable to access the Site or any of the Services for any reason within your control, including your failure to use appropriate equipment or insufficient bandwidth.
- Disclaimer – Your attention is particularly drawn to these provisions
11.1 We shall provide the Services and prepare Our Content with reasonable skill and care. However, you agree that:
(a) we have no responsibility and/or liability for any User Content;
(b) we do not warrant that any result or objective will be achieved, be achievable or be attained in whole, in part, or by any given date by any User including any change in their business or professional circumstances as a result of the Services; and
(c) we do not make any representation or give any warranty regarding another User, including their suitability to provide any services that they may offer.
11.2 Subject to Condition 11.4, we shall in no circumstances be liable to any User in contract, tort (including negligence) or otherwise for any:
(a) loss of profit, anticipated profits or business;
(b) loss of data including User Content;
(c) loss of opportunity;
(d) loss of revenue;
(e) wasted expenditure;
(f) loss of goodwill or reputation; and/or
(g) consequential, special or incidental loss or damage (whether or not advised of the possibility of the same).
11.3 Subject to Condition 11.4, our maximum liability to you whether in contract, tort or otherwise shall in no circumstances exceed the total Fees paid by you for the Service in question, provided that where the Service is an on-going subscription, our liability shall not exceed the Fee paid by you for the Service in the twelve (12) months preceding the date on which the liability arose.
11.4 Nothing in these Terms shall be construed as excluding or limiting our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation or for any other liability that cannot be excluded by English law.
- Termination or Suspension
12.1 We reserve the right to suspend or terminate the account of a User at any time and without liability:
(a) if any information that you provide to us is not true or we cannot verify or authenticate any such information;
(b) you are in breach of these Terms;
(c) you are convicted of a criminal offence or act in any way that may bring us into disrepute; and/or
(d) if we receive complaints or disputes are raised in relation to your activities on the Site.
12.2 Following termination by us of your account you must cease to use the Site and you must not re-register on the Site under any other name.
12.3 You may contact us at any time to terminate your account, and provided there are no outstanding Fees due or payable, we shall delete the account within 5 days of receipt of such a notice.
12.4 If you have subscribed to a Service for a fixed term, you are not entitled to any refund if you choose to terminate or otherwise no longer participate in the Service.
13.2 If any provision of these Terms is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision shall be construed, as nearly as possible, to reflect the intentions of the parties and all other provisions shall remain in full force and effect.
13.3 Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
13.4 We may assign or otherwise transfer our rights and obligations in terms of these Terms to third parties.
13.5 We are committed to ensuring that there is no modern slavery or human trafficking in our supply chains or in any part of our business.
14. Governing Law and Jurisdiction
14.1 These Terms shall be governed by and construed in accordance with English law and you agree to submit to the exclusive jurisdiction of the English Courts.
Last updated: January 2018