1. ABOUT US
1.1 St Andrew’s First Aid is the trading name of St. Andrew’s Ambulance Association, a charity registered in Scotland, No. SC006750 (the “Supplier”). The Supplier has a principal office at St Andrew’s House, 48 Milton Street, Glasgow G4 0HR and is registered for VAT under the number 125 4259 26.
2. APPLICATION OF TERMS
2.1 By placing an order either through the Supplier’s Website (“Site”) or catalogue (“Catalogue”) you accept these Terms and offer to buy the Services from and enter into a binding contract with the Supplier. Your order constitutes an offer to the Supplier to buy the Services. All orders are subject to acceptance by the Supplier, and the Seller will confirm receipt of your order by sending you an automatic acknowledgement of your order (“Automatic Acknowledgement”) and will then confirm acceptance of your order by sending you an e-mail or fax confirming the order (“Order Confirmation”). A contract will only be formed between the Supplier and you once you receive the Order Confirmation.
2.2 Unless otherwise agreed in writing, these Terms are the only conditions upon which the Supplier is prepared to supply the Services to you. These Terms shall constitute the whole agreement between the Supplier and you, and shall govern the contract between the Supplier and you (the “Contract”) to the entire exclusion of all other terms or conditions (including your terms and conditions or those implied by trade, custom or practice).
3.1 The Services are the educational and training courses offered in the Catalogue and Site and under the Contract (the “Services”).
3.2 In consideration for the Services, you agree to pay the Supplier the Price in accordance with the Payment Clause 5 below. The price for the Services is inclusive of Value Added Tax (“VAT”), and is payable by you to the Supplier under the Contract for the full and proper performance by the Supplier of the Contract (the “Price”).
3.3 The Site and the Catalogue provide details of both the VAT inclusive and the VAT exclusive Price. However, the Price confirmed in the Order Confirmation will be the VAT inclusive Price. It is your responsibility to produce satisfactory evidence regarding the VAT status of any supply. The Services will conform in all material respects with the description of the Services set out on the Site or in the Catalogue. You must satisfy yourself in relation to the suitability of any Services ordered. The Supplier reserves the right to amend the specification of Services or withdraw Services products from, the Catalogue and Site at any time.
3.4 VAT will be charged at the current rate applicable at the time your payment is processed, where appropriate.
3.5 The Supplier reserves the right to amend its Prices without prior notice and the Price applicable to the Services shall be the Price stated on the Site or in the Catalogue at the time you received the Order Confirmation. If you have placed an order and the Supplier subsequently requires to vary the Price of the Services, the Supplier will honour the Price for the Services detailed in your Order Confirmation.
4.1 The Supplier will endeavour to supply the Services on the dates outlined in the Catalogue or on the Site and will advise you of any anticipated changes to, delays with the course dates or the dates otherwise agreed with you. However, the Supplier does not accept liability for the consequences of any change or delay to course dates provided that reasonable notice of such changes or delay has been give to you.
5. PAYMENT AND DELIVERY
5.1 For some courses, a deposit may require to be paid in order to secure the booking of the course (“Deposit Courses”). You will be advised at the time of booking if a Deposit is required.
5.2 If a deposit is required, a payment of a percentage of the Price will be requested at the time of booking the Services (the “Deposit”). The amount of Deposit will be notified to you by the Supplier at the time you make a request to book the Services.
5.3 For Deposit Courses, payment of the Deposit can be made by credit or debit card Payment of the Deposit will be chargeable once the Supplier has sent the Order Confirmation to you.
5.4 If you are paying a Deposit by credit or debit card, payments are subject to the following conditions:
5.4.1 the Supplier will not accept liability if payment is refused or declined by the credit/debit card supplier for any reason; and
5.4.2 if the credit/debit card supplier declines payment, the Supplier will inform you that this has occurred and the Contract will be terminated at this point unless the Supplier authorises an alternative method of payment.
5.5 Any Deposit paid by you in respect of the Services ordered will:
5.5.1 if you cancel an order, be applied towards payment of the Price;
5.5.2 if the Supplier cancels any of the Services due to Force Majeure (as set out in Clause 11) or for any other reason, the Supplier will cancel your order and refund any Deposit paid by you; and
5.5.3 for the avoidance of doubt, any Deposits retained by the Supplier on cancellation may not be used as a Deposit or part payment for any other order unless specifically agreed between the Supplier and you.
5.6 Following payment of the Deposit by you to the Supplier, the remainder of the Price will be due for payment at the time advised to you by the provider of the course. If you are requested to pay upon your attendance at the course, you may pay the remainder of the Price directly to the provider of the course by cash or cheque.
5.7 For some courses, a Deposit will not be required to be paid in order to secure the booking of the course (“Non-Deposit Courses”). You will be advised at the time of booking if a Deposit is not required. If a Deposit is not required, payment will be requested by invoice for payment (the “Invoice”) which will be sent to you by email following acceptance of your order by the Supplier. Payment for the Services can be made by cheque or BACS transfer. Details of the Supplier’s bank account and cheque payee can be found on the Invoice.
5.8 For Non-Deposit Courses, payments are subject to the following conditions:
5.8.1 all invoices will be raised at time of booking; and
5.8.2 payment must be made within 14 days of the invoice date.
5.9 For Deposit Courses and Non-Deposit Courses, if you fail to make any payment due to the Supplier under this Contract, the Supplier can cancel the order for Services and will notify you by email.
5.10 Your Order Confirmation will contain confirmation of acceptance of your order, a summary of your order details and course details.
5.11 The Prices for candidates undertaking a course include student learning support materials, which will be provided to course attendees on the Course Start Date.
5.12 The Prices shown on the Site and in the Catalogue are the standard prices. Actual charges may vary but will not exceed those shown on the Site and in the Catalogue.
5.13 The Supplier reserves the right to withhold course certificates until the Price has been paid in full.
6. TRANSFERS, CANCELLATIONS, REFUNDS AND LIABILITY
6.1.1 If you wish to transfer to another course or another candidate is to be substituted after the booking has been submitted, no charge will be applied for the first transfer or substitution provided the Supplier is notified not less than seven days prior to the Course Start Date. Any subsequent transfers or substitutions, or those made within seven days of the Course Start Date, will incur a fee of £50 + vat (or £25 + vat for Annual Update, Moving and Handling Principles, Anaphylaxis Awareness, CPR, Emergency First Aid, Baby and Child and Sports Injuries level 1 courses). For training on customers own premises or an agreed venue a transfer fee of £100 + vat will be made on each occasion the course delivery date is changed. However, if notification of new course date is less than 7 days then the full course fee will be charged.
For training on customers’ own premises or an agreed venue should circumstances require you to transfer to another date the following additional charges will apply:
- If less than two weeks notice is given 50% of the full fee will be charged.
- Between two and four weeks notice, 25% of the full fee will be charged.
- More than four weeks notice, there will be no charge.
For training on customers’ own premises or an agreed venue should circumstances require you to cancel this booking the following charges will apply:-
- If less than two weeks notice before the training course is due to start the full fee will be charged.
- Between two and four weeks notice, 50% of the full fee will be charged.
- More than four weeks notice, there will be no charge.
- If no notice is given, the full cost of course will be charged.
6.1.2 Cancellations made by you after a transfer or substitution has been made will be charged at the full course fee plus the transfer fee.
6.2.1 Should circumstances require you to cancel your order and you are unable to transfer your booking to another date at the time of cancellation the following charges will apply:
|Cancellation Fee Charged (Percentage of Course Fee Charged)
|Less than one week prior to the Course Start Date
||100% of the Price
|Between one and two weeks prior to the Course Start Date
||50% of Price
|Between two and three weeks prior to the Course Start Date
||25% of the Price
|More than three weeks prior to the Course Start Date
6.2.2 Any cancellations must be made in writing and received by the Supplier before the Course Start Date and in accordance with the timescales outlined above.
6.2.3 If the Supplier, requires to cancel the Services for any reason, you will be given as much notice as possible and you will be entitled to either a free transfer to another course or a full refund of the Price or Deposit paid.
6.3.1 If you do not attend a course, and you have not provided the Supplier with any notice for your reason for non-attendance, the full fee for the Services remains payable.
6.4 Late arrivals/missed sessions
6.4.1 If you arrive late for a course or are absent from any session, the Supplier reserves the right to refuse to accept you for training or to issue a certificate of completion of training, if the Supplier feels you will gain insufficient knowledge or skills in the time remaining. In all such cases, the full course fee remains payable.
6.5.1 If you subscribe to a requalification course you must provide proof of a current certificate which is valid until the final assessment date of the course. If your certificate is not valid for the entire duration of the course, you may not be accepted and candidates may be refused entry. If you are refused entry on this basis and the required notification period for cancellation has expired, the full course fee will be charged.
6.6 Nothing in these terms and conditions excludes or limits the liability of the Supplier for death or personal injury caused by the Supplier’s negligence, or excludes the Supplier’s liability for fraudulent misrepresentation.
6.7 Refunds, if applicable, will only be made:
6.7.1 if you paid by credit/debit card, to the debit/credit card used for the original transaction or;
6.7.2 if you paid by cheque or BACS transfer, directly to your bank account.
6.8 The Supplier shall, in no circumstances, be liable to you in contract, delict (including negligence) warranty or otherwise, in respect of any of the following losses or damage (whether such losses or damages were foreseen, foreseeable, known or otherwise):
6.8.1 losses that were not foreseeable to both parties when the contract was formed;
6.8.2 losses that were not caused by any breach on the part of the Supplier;
6.8.3 loss of business profits, salary, business revenue, goodwill, or anticipated savings; or
6.8.4 loss which could have been avoided by you through reasonable conduct.
6.9 The Supplier shall, in no circumstances, be liable to Business Customers in contract, delict (including negligence) warranty or otherwise, in respect of any of the following losses or damage (whether such losses or damages were foreseen, foreseeable, known or otherwise) for any indirect or consequential loss or damage.
6.10 Replacement Certificates:
6.10.1 A charge of £10 inclusive of vat will be made for each certificate that requires to be reissued. Payment will be required at the time of request.
7.1 The Contract may be terminated by the Supplier with immediate effect if:
7.1.1 you fail to pay the Price in accordance with these Terms and subject to the Payment terms and conditions outlined above
7.1.2 you in any way bring into disrepute the name, the reputation, the interests of, the employees of or the goods and Services of the Supplier.
7.2 The Contract may be terminated by either party by written notice with immediate effect if either of the following has occurred and is continuing:
7.2.1 either party commits a material breach that it fails to remedy within 30 days of being requested to do so by the other party; or
7.2.2 either party ceases to carry on its activities, becomes unable to pay its debts when they fall due, becomes or is deemed insolvent, has a receiver, manager, administrator, administrative receiver or similar officer appointed in respect of the whole or any part of its assets or business, makes any composition or arrangement with its creditors, takes or suffers any similar action in consequence of debt, an order or resolution is made for its dissolution or liquidation (other than for the purpose of solvent amalgamation or reconstruction) or enters into liquidation whether compulsorily or voluntarily or shall suffer any analogous event under any jurisdiction which it is.
7.3 Notwithstanding termination of the Contract for any reason you will continue to be liable for that proportion of the price attributable to those Services provided up until the date of termination.
8. DATA PROTECTION
9.1 All warranties, conditions and other terms whether express or implied by statute or common law are, to the fullest extent permitted by law, excluded from the contract.
10.1 The Supplier may at any time assign the Contract or any of the Supplier’s rights or obligations under it.
11. FORCE MAJEURE
11.1 The Supplier reserves the right to defer the Course Start Date or to cancel the Contract if it is prevented from or delayed in carrying on its business by acts, events, omissions or accidents beyond its reasonable control including, without limitation, strikes, lock-outs, or other industrial disputes (whether involving the workforce of the Supplier or any other party), failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, environmental or ecological event (including without limitation volcanic ash), storm or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials.
12. WRITTEN COMMUNICATIONS
12.1 Applicable laws require that some of the information or communications the Supplier sends to you should be in writing. When using the Site, you accept that communication with the Supplier will be mainly electronic. The Supplier will contact you by e-mail or provide you with information by posting notices on the Site. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that the Supplier provides to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
13.1 All notices given by you to the Supplier must be sent to St Andrew’s House, 48 Milton Street, Glasgow G4 0HR or via the email address email@example.com. The Supplier may give notice to you at either the e-mail or postal address you provide to the Supplier when placing an order. Notice will be deemed received and properly served immediately when posted on the Site, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. 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, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
14.1 The Supplier has to right to revise and amend these Terms from time to time without notice.
15.1 If and in so far as any part or provision of these Conditions is void or unenforceable it shall be deemed not to be or never to have been or formed a part of the Contract and the remaining provisions of the Contract shall continue in full force and effect.
16.1 The failure of either party to exercise or enforce any right conferred on that party by the Contract shall not be deemed to be a waiver of any such right or operate to bar the exercise or enforcement thereof at any time or times thereafter.
17. THIRD PARTY RIGHTS
17.1 Save to the extent expressly set out in the Contract, the Contract is not intended to nor shall it create any rights, entitlement, claims or benefits enforceable by any person that is not a party to it.
18. GOVERNING LAW
18.1 The Contract shall be governed by and construed in accordance with Scots law and the parties hereby submit to the exclusive jurisdiction of the Scottish courts.