Terms and Conditions for Lowe Maintenance Course(s) in conjunction with the Forestry Training Fund
1. Summary of key terms
2. Application of terms and conditions
2.1 These terms and conditions (“Terms”) apply to the Lowe Maintenance training provision (“Courses”) operated by Demelza Lowe and Phillip Lowe trading as Lowe Maintenance (“we” or “us”). By registering to be a candidate, you agree to the following Terms and that these prevail over any inconsistent terms or conditions contained, or referred to, elsewhere or as implied by law, trade custom, practice or course of dealing.
2.2 The agreement is between us and you, the person or entity registering to be a participant in the Course(s) (“you”) and which is subject to these Terms (“Contract”), shall come into effect upon us emailing you to confirm our acceptance of your booking for the Course(s) and shall continue until terminated in accordance with these Terms.
2.3 By registering for Lowe Maintenance Course(s) you explicitly consent to any of the following special category data that you choose to share as part of the Course(s) being processed by Lowe Maintenance (trainers, assessors and relevant Awarding Organisation(s)) for the purposes of the provision of the services to be provided as part of the Course(s): health data, data about racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership or data concerning sex life or sexual orientation.
2.4 When booking online, the order process will be as follows:
2.4.1 Add the Course(s) to the cart and proceed to the checkout
2.4.2 Complete all the boxes as requested, ensuring that you put the billing details as Forestry Training Fund, EMB, 5 Merus Court, Leicester, LE19 1RJ.
2.4.3 Add your personal details in the candidate section.
2.4.4 Put your Grant Reference number into the notes section.
2.4.5 Put the coupon code issued by Lowe Maintenance where requested and submit your order.
2.4.6 You will need to send a copy of your Grant Offer letter to us and any pre-requisite certificates you may already hold.
2.4.7 We will then send you an email acknowledging your order and confirming whether we have accepted your order.
2.4.8 If at any stage you have made an error in your order, you may email us at email@example.com to correct any errors.
2.5 When booking online, you should print a copy of these Terms for your records as we will not be filing a copy and we may change these Terms from time to time.
2.7 Any content posted or submitted by you to our site, portal, or in our forum or any contribution on the Course(s) is subject at all times to the Acceptable Use Policy.
2.8 Where you are a corporate entity, “you” as used in these Terms shall be deemed to include your officers and employees and you shall procure that such officers and employees fully comply with these Terms.
3. Forestry Training Fund (FTF)
3.1 The fund is managed by the Forestry Commission and administered on their behalf by EMB.
3.2 The fund is aimed at either new entrants for forestry and woodland management or people who can increase their existing forestry and woodland management skills and knowledge.
3.3 The fund will support 100% of the costs for approved course(s).
3.4 Applications for the fund are to be made online via https://www.gov.uk/guidance/forestry-training-fund.
3.5 Applications should be made by the person receiving the training.
3.6 The grant is only paid for training that has been approved against the application for grant funding submitted.
3.7 If an applicant cancels their course(s) with more than 5 working days’ notice, the applicant will be liable for the full cost of the course.
3.8 The cost of the course(s) is paid directly to us if your application is successful.
3.9 Any course(s) booked by the applicant with us in advance of the grant award will not be eligible for grant funding.
3.10 If for any reason the funding body decides not to pay your fees, you will be liable to pay the full cost of the course(s).
4.1 If you cancel your place on the course(s) more than 5 working days before your start date, you will be liable for the full cost of the course(s).
4.2 Access to the online part of the Course(s) shall be made available 5 days before your course(s) start date.
The Course(s) shall be provided and delivered by a combination of online and in-person sessions as detailed on the site.
4.3 The date and time of all sessions are as set out on the site or as otherwise communicated to you, but are subject to change. We will provide you with as much notice of any change as is possible but we shall not be liable to you in any way for any change to such dates or times. Please check the site or portal regularly for updates on changes to dates and times.
4.4 The materials we deliver as part of the Course(s) do not in any way constitute advice or recommendations. We are providing training and guidance only. We are not able to advise you on your individual circumstances.
4.5 Course(s) are non-refundable and non-transferable.
4.6 If you can’t attend a scheduled Face to Face Session, your place on the course(s) will be forfeited and you will be liable for any costs if the funding body refuses to pay.
4.7 If you arrive late for a Face to Face Session, we will try to extend the end time but if this is not possible, the session will end at the scheduled time.
4.8 The Face to Face Sessions (or any other in-person session as part of the Course(s)) (“Face to Face Session”) may be held in third-party venues such as woodlands, farms and hotel meeting rooms and you agree to comply at all times with such venue’s policies and rules in relation to such venue (particularly fire safety and health and safety rules). We will require you to leave if you do not comply with such policies and rules and you would be liable for any outstanding fees.
4.9 You are responsible for your own belongings that you take to a Face to Face Session and neither we nor the venue will be liable for any loss, damage, theft or destruction of any of your belongings.
4.10 You agree to indemnify us against any claim from any third party (and associated costs and expenses (including professional fees)) arising out of your actions or inactions while at a venue as part of the Course(s).
Online Content and Sessions
4.11 The online sessions of the Course(s) are held on third-party secure servers and we have taken all reasonable steps to ensure that the online content will be available at all times during the course of the Course(s) but in the event that such content (or any content added by you or other participants on the Course(s)) is not available in whole or in part at any time, or becomes corrupted, is deleted or is failed to be stored, we shall have no liability in any circumstances.
4.12 You agree to keep user details and your password for the site confidential at all times and to not disclose them to any third party. You must notify us immediately if you become aware of any unauthorized use of your account and you shall indemnify us against all claims, damages, losses, costs or expenses (including professional fees) and any other liability which arises from any unauthorized use of your account.
4.13 Any digital materials included in the Course(s) require the following hardware and software and other functional requirements in order to be fully used:
a) connection to the internet
b) desktop computer or mobile device with the ability to access web-based applications
c) suitable software to open PDF files
d) Some candidates have experienced issues with Internet Explorer, as such please try other browsers such as Google Chrome, Firefox, Bing, etc.
4.14 Any digital materials included in the Course(s) have the following technical protection measures:
a) On completion of the Course(s), online video sessions(s) will be removed from your portal area
b) Documents, files, and leaflets will remain available within the portal for you to download.
5.1 Where we are providing goods or products (such as workbooks, labels or binders) (“Products”) as part of the Course(s), the following terms and conditions of this paragraph 5 shall apply.
5.2 Workbook packs where relevant will be posted directly to the applicant 7 days before the course(s) is due to start.
5.3 Any photographs of the Products on our site are for illustration purposes only.
5.4 The delivery charges for the Products are as set on our site and may change from time to time
5.5 Your order will be fulfilled by the estimated delivery date set out in our confirmation email or as described on our site unless there is an event outside of our control. If we are unable to meet the estimated delivery date because of an event outside our control, we will endeavour to contact you with a revised estimated delivery date.
5.6 Delivery will be completed when we deliver the Products to the address you gave us when you placed the order, and the Products will be your responsibility from the completion of delivery.
5.7 If no one is available at your address to take delivery, the delivery company will leave you a note with instructions for re-delivery or collection from the delivery office. If the Products have been returned to our premises, in which case, please contact us to rearrange delivery. Return delivery will be at your expense.
5.8 You own the Products under the terms of paragraph 9, once we have received payment in full for the Course(s), including all applicable delivery charges.
6.1 The total price payable for the Course(s) is as set out on the site.
6.2 Payment is made by the FTF on approval
6.3 Without prejudice to any other right or remedy, if you fail to pay the invoice (if relevant due to cancelling with more than 5 working days), on the due date, we:
a) charge interest on the sum due from the due date for payment at the annual rate of 4% above the base lending rate from time to time the Bank of England accruing on a daily basis and being compounded quarterly until payment is made (whether before or after any court judgement) and you shall pay the interest immediately on our demand; and
b) suspend all Services until payment has been made in full.
c) will seek reimbursement through the courts for the full course(s) fees.
6.4 The total price payable as set out in the site is inclusive of Value Added Tax (and any other applicable taxes or duties) which shall be added at the applicable rate where necessary.
6.5 You shall be responsible for all travel, accommodation and other subsistence costs and all other expenses incurred by you in connection with your participation in the Course(s)
6.6 If for any reason the funding body decides not to pay your fees, you will be liable to pay the full cost of the course(s).
7. Our obligations
7.1 We warrant to you that the Course(s) and Course materials purchased from us is of satisfactory quality and reasonably fit for the purpose for which the Course(s) are supplied.
7.2 Other than as set out in paragraph 7.1 above, all warranties and representations are excluded to the fullest extent permitted by law. Due to the nature of training and the fact that your success is dependent on a number of factors over which we have no control, we do not guarantee any particular results.
7.3 We will endeavour to ensure that all information that we provide is accurate and up-to-date but we shall not be liable for any claims arising from such information being inaccurate or not up-to-date or otherwise.
7.4 You acknowledge that in the course of the Course(s) you may have access to other Course candidates confidential information and you agree not to use or disclose to any third party such confidential information. This restriction does not apply to:
a) any use or disclosure authorised by you or required by law;
b) any use of disclosure which you consider necessary or advisable in order to prevent illegal acts or harm to others; or
c) any information which is already in, or comes into, the public domain otherwise than through your unauthorised disclosure.
7.6 Certificates will only be sent to candidates once payment has been received in full.
8. Your Obligations
8.1 You shall:
8.1.1 co-operate with us in all matters relating to the Course(s)
8.1.2 Forward a copy of your Grant Offer letter and copies of pre-requisite certificates where applicable.
8.1.3 where relevant provide us, our trainers and assessors with access to your premises, office accommodation and other facilities as reasonably required by us
8.1.4 where Course(s) are held at your venue, you agree to procure that all facilities and equipment reasonably requested by us are available at the requested time and date and you acknowledge that if such facilities are not provided adequately by the requested time and date we may be unable to provide the Course(s), in which case there will be no refunds. You further agree to ensure that your venue complies with all Health and Safety legislation and otherwise any applicable laws and regulations and shall indemnify us in relation to the same.
8.1.5 provide us with such information and materials as we may reasonably require in order to provide the Course(s), and ensure that such information is complete and accurate in all material respects;
220.127.116.11 in order to proceed with your City and Guilds assessment, you will need to click on a link sent from firstname.lastname@example.org (the assessment centre). If you fail to do so 48hrs before your assessment date, you will not be able to take the assessment and we shall not be liable in any way for this or be obliged to provide any refund or transfer option.
18.104.22.168 make sure you provide us with the right address for delivery of your certificate(s), please note certificates are posted to the person who booked the Course(s) and if they cannot be located, it is not our responsibility. As such you will need to purchase new certificates directly from the Awarding Organisation at your own cost.
8.1.6 Where relevant, as part of some Course(s) we will provide you access to specific equipment and you must follow all health and safety policies in relation to the use of such equipment.
22.214.171.124 If you damage or lose any such equipment, you will be solely liable for that.
126.96.36.199 You also have an obligation to use it under our instruction. If you do not use under our instruction, then we can, take the equipment from you and terminate the contract without any obligation to refund.
8.1.7 Where relevant prepare your premises for the provision of the Course(s)
8.2 If our performance of any of our obligations under the Contract is prevented or delayed by any act or omission by you or failure by you to perform any relevant obligation (Customer Default) then:
8.2.1 Without limiting or affecting any other right or remedy available to it, we shall have the right to suspend performance of the Course(s)until you remedy the Customer Default, and we shall be relieved from the performance of any of our obligations (in each case to the extent the Customer Default prevents or delays our performance of any of our obligations);
8.2.2 We shall not be liable for any costs or losses sustained or incurred by you arising directly or indirectly from your failure or delay to perform any of your obligations as set out in this paragraph 8; and
8.2.3 You shall reimburse us on written demand for any costs or losses sustained or incurred by us arising directly or indirectly from the Customer Default.
9. Intellectual Property
9.1 We are the owner or the licensee of all Intellectual Property Rights and all other rights in the Course(s) and all content within the Course(s) and nothing in these Terms or otherwise shall operate to transfer the ownership of the Intellectual Property Rights in the Course(s) or the content of the Course(s) to you or to any other person.
9.2 You shall not at any time copy, reproduce, publish in any form, share, sell, dispose of or otherwise make available to a third party in any way any of the content or materials (or any of the ideas and concepts created by us and contained in the content or materials) contained in the Course(s).
9.3 We grant to you a limited, non-exclusive, non-transferable, non-sub licensable revocable licence to use all or any of the content of the Course(s) for the purposes for which the Course(s) was provided only.
9.4 Except as set out in paragraph 9, you may not use any of our intellectual property rights at any time except where duly licensed. Use of our logo is strictly prohibited without our prior written consent.
9.5 You may not without our prior written consent make any audio or visual recordings of any part of our Course(s).
9.6 We may from time to time record the Course(s) being delivered during your attendance. You authorise us to use your image and voice in any such recordings without payment, other condition or need for further consent.
9.7 You agree that we may name you as a client and describe the services as part of a case study for our marketing purposes.
9.8 You are not permitted to sell or promote products or services to other participants in the Course(s) at or during any part of our Course(s) without our prior written permission. You shall not contact any participants of the Course(s) other than in relation to progressing within the Course(s).
9.9 The provisions of this paragraph 8 shall survive termination of the Contract.
10.1 The Contract shall continue until the end of the Course(s) when the Contract shall expire other than for the Terms that are specifically stated to remain in force.
10.2 Notwithstanding the provisions of paragraph 10.1, either of us may terminate the Contract on written notice to the other with immediate effect if at any time:
10.2.1 The other commits any serious or repeated breach or non-observance of any of the provisions of these Terms; or
10.2.2 The other (i) makes a resolution for its winding up, (ii) makes an arrangement or composition with its creditors, (iii) makes an application to a court of competent jurisdiction for protection from its creditors, (iv) is unable to pay its debts, (v) ceases trading or an administration or winding-up order is made or an administrator or receiver is appointed in relation to such party, (vi) is declared bankrupt or (vii) is convicted of a custodial offence (other than a road traffic offence); or
10.2.3 The other party commits any fraud or dishonesty or acts in any manner which in the opinion of the terminating party brings or is likely to bring the terminating party into disrepute or is materially adverse to the interests of the terminating party.
10.3 We may terminate the Contract without any liability to make any refund to you if your continued participation in the Course(s) is in our opinion causing disruption to the running of the Course(s) or to other candidates.
10.4 Where you have set up recurring payments, it is your responsibility to terminate these payments following termination of the Contract.
10.5 On or before the date of termination of the Contract, you shall immediately pay any unpaid fees or other sums payable under these Terms (which for the avoidance of doubt shall include any remaining instalments regardless of the point at which the Contract is terminated).
10.6 Termination of this agreement shall not affect the accrued rights, remedies, obligations and liabilities of either of us as at the date of termination of this Contract, including the right to claim damages in respect of any breach of the Contract which existed at or before the date of termination.
10.7 Any delay by us in exercising our right to terminate the Contract shall not constitute a waiver of our right to terminate or to seek any other remedy.
10.8 Paragraphs which expressly or by implication have effect after termination of the Contract shall continue in full force and effect after the date of termination of the Contract.
10.9 This paragraph 10 shall survive termination of the Contract.
10.10 Where the Contract expires, this shall be treated as a termination for the purposes of paragraph 10.7 and all other paragraphs that refer to “termination”.
11.1 Nothing in this paragraph 11 shall limit our liability for death or personal injury caused by our negligence or for our fraud or fraudulent misrepresentation or for any matter for which liability cannot be legally excluded or limited.
11.2 We shall not be liable for any loss of profits, loss of business, depletion of goodwill and/or similar losses, loss of anticipated savings, loss of goods, loss of contract, loss or corruption of data or information or any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses suffered or incurred by you as a result of you entering into the Contract and/or us providing the Course(s).
11.3 Our total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise arising in connection with the performance or contemplated performance of the Contract shall in all circumstances be limited to the price paid by you for the Course(s).
11.4 Any claims to be brought under or arising out of the Contract must be brought within 6 months of the date of the event giving rise to the claim.
11.5 If we are prevented from or delayed in performing our obligations by your act or omission or by any circumstance outside of our control (including our ill health or incapacity or that of any member of the team involved in providing the Course(s)), we shall not be liable to you for any costs, charges or losses sustained or incurred by you that arise directly or indirectly from such prevention or delay.
11.6 We may make changes (and shall not be liable for any additional costs incurred by you or for any other liability incurred by you as a result of changes) in (i) the Course(s), (ii) any other content, (iii) the location of venues, (iv) the time and date of sessions or (v) the delivery mode of the sessions (for example changing an in person session to an online session) (vi) trainers, instructors, or assessors.
11.7 The provisions of this paragraph 11 shall survive termination of the Contract.
11.8 You acknowledge and agree that:
11.8.1 The Contract constitutes the entire agreement and understanding between us and supersedes any previous arrangement, understanding or agreement between us relating to the provision of the Course(s) (which shall be deemed to have been terminated by mutual consent);
11.8.2 in entering into the Contract you have not relied on any undertaking, promise, assurance, statement, representation, warranty or understanding (whether in writing or not) of any person (whether party to the Contract or not) relating to the provision of the Programme other than as expressly set out in the Contract.
12.1 By registering for our Course(s) you warrant that:
12.1.1 You warrant that you are purchasing the Course wholly or mainly for the purposes of a trade, craft, profession or business and you understand that The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 do not apply to this contract.
12.1.2 You are legally capable of entering into binding contracts; and
13.1.3 You are at least 18 years old; and
14.1.4 You are resident in England, Wales, Scotland and Northern Ireland; and
15.1.5 That all information you provide us with is materially true and accurate at all times and not misleading in any way.
12.2 You accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our site and portal. You agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
12.3 We may vary these Terms (other than the price payable by you for the Course(s)) as we see fit from time to time and if we do, we shall notify you by email of the change of terms. Your continuation with the Course(s) will be deemed to be your acceptance of any new Terms.
12.4 The Contract is personal to you and you may not assign, transfer, charge, subcontract, sub-license or deal in any other manner with all or any of your rights under the Contract.
12.5 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
12.6 If we fail to insist upon strict performance of any of your obligations under the Contract, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations. A waiver by us of any default shall not constitute a waiver of any subsequent default. No waiver by us of any of these Terms shall be effective unless it is expressly stated to be a waiver and is in writing.
12.7 If any of these Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
12.8 A person who is not a party to the Contract shall not have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Contract.
12.9 The rights of the parties to terminate, rescind or agree any variation, waiver or settlement under the Contract are not subject to the consent of any person that is not a party to the Contract.
12.10 The Contract and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with English law.
12.11 We each irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with the Contract or its subject matter or formation (including non-contractual disputes or claims).
12.12 Unless the context otherwise requires, a reference to one gender shall include a reference to the other gender.