1.1 Bookings made through our website, and our and your rights and obligations in relation to such bookings, are governed by these terms and conditions.
1.2 You will be asked to give your express agreement to these terms and conditions before you place an order on our website.
2.1 In these terms and conditions:
(a) "we" means DAVID J TINSLEY TRAINING LTD t/a DJT Electrical Training (and "us and "our" should be construed accordingly);
(b) "you" means our customer or prospective customer under these terms and conditions (and "your" should be construed accordingly);
(c) "booking" means a booking in respect of training courses available via DAVID J TINSLEY TRAINING LTD t/a DJT Electrical Training, which may be made by you under these terms and conditions; and
(d) "force majeure event" means an event that is, or a series of related events that are, beyond our reasonable control.
3. Order process
3.1 The advertising of bookings on our website constitutes an "invitation to treat" rather than a contractual offer.
3.2 No contract will come into force between you and us unless and until we accept your order in accordance with the procedure set out in this Section 3.
3.3 To make a booking through our website, the following steps must be taken: you must chose a course, course date and click "book" in relation to the relevant event; if you are a new customer, you must then create an account with us and log in; if you are an existing customer, you must enter your login details; once you are logged in, you must consent to these terms and conditions; you will be transferred to our payment service provider's website, and our payment service provider will handle your payment; we will then send you an initial acknowledgement; and, finally, we will either send you an order confirmation (at which point your order will become a binding contract) or we will confirm by email that we are unable to meet your order.
3.4 Course bookings are managed on our behalf via BookingBug Ltd. The actual booking process will be conducted on their system(s) and / or website.
3.5 You will have the opportunity to identify and correct input errors prior to making your order by reviewing your booking details prior to payment.
4.1 Our prices are quoted on our website.
4.2 We will from time to time change the prices quoted on our website, but this will not affect contracts that have previously come into force.
4.3 All amounts stated in these terms and conditions or on our website are stated VAT free as we are not VAT registered.
5.1 You must pay the applicable prices for your bookings during the checkout procedure.
5.2 Payments may be made by PayPal.
6. Variation of booking
6.1 If you would like to change your booking in any way, you should contact us to discuss your requested changes. We reserve the right to accept or reject any changes you may request.
6.2 We may change the time and date and/or location of an event that is the subject of a booking by giving to you written notice of the change at least 14 days before the event is due to begin. If we notify you of a change to a booking under this Section 6.2, you shall have a right to cancel the booking and receive a full refund of the price paid in respect of the booking, providing that your notice of cancellation must be received by us within 7 days following the date of issue of our notification of the change. If your notice of cancellation is received after the end of that period, you will not be entitled to a refund under this Section 6.2.
7. Cancellation of bookings by us
7.1 We may cancel a contract under these terms and conditions:
(a) at least 14 days before the event in respect of which the Contract was made begins.
(b) in exceptional circustances with 24hrs notice before the event in respect of which the Contract was made begins.
7.2 We will give you written notice of any contract cancellation under this Section 7, or verbal notice if cancelation is less than 7 days.
7.3 If we cancel a contract under these terms and conditions in accordance with this Section 7, you will be entitled to a full refund of the price paid under that contract.
8. Cancellation of bookings by you
8.1 Any rights you may have under this Section 8 are additional to your statutory rights.
8.2 You may cancel a contract under these terms and conditions:
(a) At least 4 weeks before the event begins, in which case you will be entitled to a refund of 100% of the price paid LESS the exam and administrative fees paid, under a contract under these terms and conditions.
(b) If you cancel with less than four weeks to go before the course we will, where possible, offer an alternative date, but no refund will be given.
8.3 In order to cancel a contract under this Section 8, you must send to us a written notice of cancellation by post or email using the contract details specified in these terms and conditions.
8.4 Save as provided in this Section 8, specified elsewhere in these terms and conditions or mandated by law, you will not receive any refund upon the cancellation of a contract under these terms and conditions.
9. Warranties and representations
9.1 You warrant and represent to us that:
(a) you are legally capable of entering into binding contracts;
(b) you have full authority, power and capacity to agree to these terms and conditions; and
(c) all the information that you provide to us in connection with your order is true, accurate, complete, current and non-misleading.
9.2 We warrant to you that any services we may supply to you under these terms and conditions or in connection with a booking will be supplied with reasonable care and skill.
9.3 All of our warranties and representations relating to bookings are set out in these terms and conditions. To the maximum extent permitted by applicable law and subject to Section 10.1, all other warranties and representations are expressly excluded.
10. Limitations and exclusions of liability
10.1 Nothing in these terms and conditions will:
(a) limit or exclude any liability for death or personal injury resulting from negligence;
(b) limit or exclude any liability for fraud or fraudulent misrepresentation;
(c) limit any liabilities in any way that is not permitted under applicable law; or
(d) exclude any liabilities that may not be excluded under applicable law.
10.2 The limitations and exclusions of liability set out in this Section 10 and elsewhere in these terms and conditions:
(a) are subject to Section 10.1; and
(b) govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.
10.3 We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
10.4 We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
10.5 We will not be liable to you in respect of any loss or corruption of any data, database or software.
10.6 We will not be liable to you in respect of any special, indirect or consequential loss or damage.
10.7 You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).
10.8 Our aggregate liability to you in respect of a contract under these terms and conditions shall not exceed the greater of:
(a) £100; and
(b) the total amount paid and payable to us under that contract.
11. Force majeure
11.1 If a force majeure event gives rise to a failure or delay in us performing any obligation under these terms and conditions, that obligation will be suspended for the duration of the force majeure event.
11.2 If we become aware of a force majeure event which gives rise to, or which is likely to give rise to, any failure or delay in us performing any obligation under these terms and conditions, we shall:
(a) promptly notify you; and
(b) inform you of the period for which it is estimated that such failure or delay will continue.
11.3 If the performance of our obligations under these terms and conditions is affected by a force majeure event, we shall take reasonable steps to mitigate the effects of the force majeure event.
12.1 You hereby indemnify us, and undertake to keep us indemnified, against any and all losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute) incurred or suffered by us and arising directly or indirectly out of any breach by you of these terms and conditions.
13.1 We may revise these terms and conditions from time to time by publishing a new version on our website.
13.2 A revision of these terms and conditions will apply to contracts entered into at any time following the time of the revision, but will not affect contracts made before the time of the revision.
14.1 You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions.
14.2 You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.
15. No waivers
15.1 No breach of any provision of a contract under these terms and conditions will be waived except with the express written consent of the party not in breach.
15.2 No waiver of any breach of any provision of a contract under these terms and conditions shall be construed as a further or continuing waiver of any other breach of that provision or any breach of any other provision of that contract.
16.1 If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
16.2 If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
17. Third party rights
17.1 A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.
17.2 The exercise of the parties' rights under a contract under these terms and conditions is not subject to the consent of any third party.
18. Entire agreement
18.1 Subject to Section 10.1, these terms and conditions, together with the booking information page on our website, shall constitute the entire agreement between you and us in relation to bookings made through our website, and shall supersede all previous agreements between you and us in relation to such bookings.
19. Law and jurisdiction
19.1 These terms and conditions shall be governed by and construed in accordance with English law.
19.2 Any disputes relating to these terms and conditions shall be subject to the exclusive jurisdiction of the courts of England.
20. Statutory and regulatory disclosures
20.1 We will not file a copy of these terms and conditions specifically in relation to each user or customer and, if we update these terms and conditions, the version to which you originally agreed will no longer be available on our website. We recommend that you consider saving a copy of these terms and conditions for future reference.
20.2 These terms and conditions are available in the English language only.
20.3 We are NOT VAT registered.
20.4 The website of the European Union's online dispute resolution platform is available at https://webgate.ec.europa.eu/odr/main.The online dispute resolution platform may be used for resolving disputes.
21. Our details
21.1 This website is owned and operated by DAVID J TINSLEY TRAINING LTD t/a DJT Electrical Training.
21.2 We are registered in England and Wales under registration number 07882793, and our registered office is at Unit A15 Champions Business Park, Arrowe Brook Road, Wirral, Merseyside, CH49 0AB.
21.3 Our principal place of business is at Unit 28, Appin Road, Argyle Trading Estate, Wirral, CH41 9HH
21.4 You can contact us:
(a) by post, using the postal address: DJT Electrical Training, Unit 28, Appin Road, Argyle Trading Estate, Wirral, CH41 9HH
(b) [by telephone, on the contact number published on our website from time to time; or
(c) by email, using the email address published on our website from time to time.