Terms and Conditions
This page outlines the terms on which we supply any of the Course(s) (courses, assessments, workshops, sessions, events) and Products(s) (products made) listed on this website (our website). Whether we conclude the contract for such supply electronically, by telephone or in-person.
Please read these terms and conditions carefully before ordering any Courses or Products from us.
You should understand that by ordering any of our Courses or Products. You agree to be bound by these terms of supply and it will lead to a binding contract between us.
If you refuse to accept these terms, you will not be able to book any Courses or order Products from us.
1) Information about us
- This site is operated by Lowe Maintenance. Registered in England and Wales. Our registered office is 18 Duke Street Settle North Yorkshire BD24 9DN.
2) Your status
- By placing an order with us, you acknowledge that:
- You are legally capable of entering into binding contracts.
- You are at least 18 years old.
3) Cancellation and refunds
- All cancellations must be received in writing (email is acceptable).
- Up to 28 days before the start of the Course, cancellations will be subject to an administration fee of £50 + VAT.
- Up to 14 days before the start of the Course, cancellations will be subject to 50% of the Course costs.
- The full cost of the Course is charged if you cancel fewer than 14 days before the start of the course.
- Candidates who do not attend on the day will be considered as ‘no shows’ and as such the payment will not be refunded or transferred.
- Registrations/courses cannot be transferred to another course date.
- We will not be held liable for any accommodation or transport costs in the unlikely event of a Course being cancelled.
- Please note, due to circumstances beyond our control trainers, assessors, venue, or timings may vary.
- We reserve the right to cancel or re-schedule a Course if necessary. (For example fewer than minimum numbers are enrolled).
- In the event of cancellation with no option of a re-schedule by us, a full refund of Course fees will be given.
- In the event of a re-schedule course, fees will be transferred to the new date:
- Candidates who cannot make the revised date should follow the cancellation procedure above.
- Candidates will not be required to request cancellation 28 days before the course. If the new date makes this impossible for them.
- Digital Courses and Products do not fall within the 7-day‘ cooling-off’ period.
- Digital Courses are not entitled to a refund. We look at all cases on an individual basis – please email firstname.lastname@example.org and we will reply to you within 48 working hours:
- However, if you have accessed the digital content in any way there is nothing we can do. Even on a case by case basis.
4) Risk and title in Products
- Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of Products, including delivery charges.
- Ownership of Products cannot be shared or bought as a consortium or group.
- Purchases are on an individual basis and a login relates to the purchaser only. Therefore, if we receive evidence of logins being shared or products being purchased on a group basis, intending to share logins. We will cancel all access to all products with immediate effect for the individuals concerned, with no refund.
5) Price and payment
- Your Course and Product order is only confirmed on receipt of full payment.
- The price of Courses and Products and delivery charges will be as quoted on our site. Except in cases of obvious error.
- Prices stated on our site include VAT where applicable.
- Assessment fees are VAT exempt, for this reason, your invoice will show a clear breakdown of VAT.
- Course prices, Product prices and delivery charges are subject to change at any time.
- It is possible that despite our best efforts, some of the Courses and Products listed on our site may be incorrectly priced. We will normally verify prices as part of our Order Confirmation process. Furthermore, if the correct price of a Course or Product is higher than the price stated on our site. We will normally, at our discretion, either contact you for instructions or reject your order and notify you of such.
- We are under no obligation to provide any Course or Product to you at the incorrect (lower) price. Even after we have sent you an Order Confirmation if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as an error.
- Access to Course and materials is on an individual basis. Therefore, if you share the said course and materials with anyone else, they will be liable for the full course costs.
- Confirmation of your booking will be emailed to you automatically on receipt of payment.
- Full Course joining instructions including timings, venue, assessment date where applicable. Along with PPE requirements will be provided no later than two weeks before the Course. Or immediately for those booking within one week of the course start date.
- Equipment used by candidates during the Course is on loan. Therefore, any damages and/or losses of said equipment are to be paid for by you the candidate. You will be invoiced separately if this situation arises.
- We therefore politely request that you take care of all our equipment including vehicles.
- Candidates should be providing their own PPE for each Course. For this reason if you arrive without the correct PPE as per the course joining instructions, you will not be able to partake in the Course and forfeit Course fees.
- Trainers/assessors will not provide spare PPE so please do not ask them to.
- Trainers/instructors/assessors have the right to finish a Course early if conditions are deemed unsafe.
- Candidates must adhere to all health and safety instructions given by the Course organisers/trainers/instructors/assessors during the course and assessment.
- We reserve the right to remove candidates from Courses if they demonstrate a risk to themselves and/or others. No refunds will be issued.
- In addition candidates who attend Courses under the influence of drugs and/or alcohol will be asked to leave the site immediately. No refunds will be issued.
- All certificates will be posted to the person or company who paid for the course.
- Certificates will be posted to the address as per the invoice. Lowe Maintenance is not responsible for incorrect addresses provided by candidates. In the case of certificates that do not arrive at their destination, they will have to be reordered and furthermore be subject to the fees below.
- Awarding body certificates can take up to eight weeks to arrive with us at Lowe Maintenance, yet as soon as they arrive they will be posted to you.
- Re prints of certificates are charged as follows:
- BALI £16 +VAT
- City and Guilds £44
- Lowe Maintenance £10 +VAT
9) Intellectual Property
- All intellectual property rights (including but not limited to copyright) of all Courses, Course materials and Products, at all times belong to and shall remain vested in us. Neither you nor any other person shall obtain any intellectual property rights or any other interest, right or title whatsoever in or to any Course, Course material or Product. Or any part thereof save as otherwise expressly granted under these terms of supply.
- If you purchase a Course for which we provide you Course materials, we hereby grant you a non-transferable, non-exclusive licence to use those materials strictly to participate in the Course and for your own educational, non-commercial purposes.
- You shall ensure that Course materials are only made available to and accessed by you. You must not make available, copy, reproduce, disseminate, retransmit, sub-license, distribute, sell, publish, broadcast or otherwise supply in any medium and in any manner any such materials (or any part of them) to any third party.
10) Data protection
- Also with any personal data provided to us, by you or on your behalf, you agree that we may use such personal data to perform our obligations and enforce our rights under any contract.
- Any product purchased from us will, on delivery, conform in all material respects with its description, be of satisfactory quality and be reasonably fit for all the purposes for which products of that kind are commonly supplied.
- We will nevertheless perform our obligations under the contract with reasonable care and skill.
- All other conditions, warranties or other terms which might have effect between you and us or be implied or incorporated, whether by statute, common law or otherwise, are hereby extended to the fullest extent allowed by applicable law.
12) Our liability
- Nothing in these terms of supply excludes or limits our liability for:
- death or personal injury caused by our negligence
- fraud or fraudulent misrepresentation or
- any other matter for which it would be unlawful for us to exclude or attempt to exclude our liability.
- Our maximum aggregate liability in respect of any claim arising out of any contract, whether in contract, tort (including negligence), breach of statutory duty or otherwise, shall not exceed the total sum paid for the particular Product and/or Course giving rise to a claim.
- We will not be liable in contract, tort (including negligence), breach of statutory duty or otherwise for losses. The following categories such as loss of:
- income or revenue
- anticipated savings
- wasted management or office time
- any special indirect, consequential or pure economic loss which arises out of or in connection with these terms of supply. Even if we had been advised of the possibility of such loss.
- We shall have no liability for any failure or delay in the performance of any of our obligations where any such failure or delay is due to any act or omission by you or any third party.
- You assume sole responsibility for the selection, suitability and use of any Courses or Products.
13) Written Communications
- Applicable laws require that some of the information or communications we send to you should be in writing. You accept that communications with us may be mainly electronic. We will contact you by e-mail, messaging and a phone call or provide you with information by posting notices on our sites. For contractual purposes, you agree to this electronic means of communication. You also acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirements that such communications be in writing. This condition does not affect your statutory rights.
- All notices given by you to us must be given to us at email@example.com
- We may give notice to you at either the e-mail or postal address you provide us when placing an order. Or in any of the ways specified above. Notice will be deemed received by you and properly served on you:
- immediately when posted on our site,
- 24hrs after an e-mail is sent to you or
- three days after the date of posting of any letter to you.
- In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
- All Products ordered are at your own risk. Products will be sent with some element of tracking. However, we accept no responsibility if the product does not arrive at its destination or gets lost. Finally, refunds will not be issued for products ordered that have not been received.
16) Events outside our control
- We will not be liable or responsible for any failure to perform or delay in performance of, any of our obligations under a contract that is caused by events outside our reasonable control (force majeure event).
- A force majeure event includes any act, event, non-happening, omission, or accident beyond our reasonable control and includes (without limitation) the following:
- strikes, lockouts or other industrial action
- civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war
- fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disasters
- impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport
- impossibility of the use of public or private telecommunications networks
- the acts, decrees, legislation, regulations, or restrictions of any government.
- Our performance under any contract is deemed to be suspended for the period that the force majeure event continues and we will have an extension of time for performance for the duration of that period.
17) Our rights to vary these terms and conditions
- We reserve the right to revise and amend these terms and conditions from time to time.
- We reserve the right to amend any accidental error or omission without liability.
- You will be subject to the policies, terms, and conditions in force at the time that you book Courses or order Products from us.
18) Transfer of rights and obligations
- The contract between you and us is binding on you and us and our representative successors and assignees.
- You may not transfer, assign, charge or otherwise dispose of a contract. Or any of your rights or obligations arising under it, without our prior written consent. You may not transfer to anyone else your place on a Course.
- 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.
- If we fail, at any time during the contract, to insist upon strict performance of any of your obligations under the contract or any of these terms and conditions of supply. Or if we fail to exercise any of the rights or remedies to which we are entitled under the contract. This will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations.
- A waiver by us of any default will not constitute a waiver of any subsequent default.
- No waiver by us of any of these terms and conditions of supply will be effective. Unless it is expressly stated to be a waiver and is communicated to you in writing.
- If any of these terms and conditions of supply or any provisions of a contract 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.
21) Entire agreement
- These terms and conditions of supply and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any contract.
- We each acknowledge that, in entering into a contract, neither of us relies on or will have any remedies in respect of, any representation or warranty (whether made innocently or negligently) that is not expressly set out in these terms and conditions of supply.
- Each of us agrees that our only liability in respect of those representations and warranties that are expressly set out in these terms and conditions of supply (whether made innocently or negligently) will be for breach of contract.
- Nothing in this clause limits or excludes any liability for fraud.
22) Law and jurisdiction
- Finally, contracts and any dispute claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any such dispute or claim will be subject to the nonexclusive jurisdiction of the courts of England and Wales.