Terms & Conditions
The Customer agrees to engage Motor Industry Training to provide training services on the terms and conditions set out in this agreement. By submitting a booking form, the Customer agrees to be bound by these terms and conditions.
- “Attendees” means those person notified by the Customer to Motor Industry Training who will attend the Location to receive the Services;
- “Cancellation Charges” means the cancellation charge to be paid by the Customer to Motor Industry Training more particularly defined in clause 6
- “Course Date” means the date agreed between Motor Industry Training and the Customer;
- “Confidential Information” means all information in respect of the business of Motor Industry Training including any know-how, and any information marked confidential or which are by their nature clearly confidential and any other information which, if disclosed, will be liable to cause harm to Motor Industry Training;
- “Customer” means the party that contracts with Motor Industry Training for the Services;
- "Data Protection Legislation" means all data protection and privacy legislation, regulations and guidance applicable in respect of a party from time to time including, without limitation as applicable the General Data Protection Regulation (EU) 2016/679 and Data Protection Act 2018 (or, in the event that the UK leaves the European Union, all legislation enacted in the UK in respect of the protection of personal data) and the Privacy and Electronic Communications (EC Directive) Regulations 2003
- “Location” means the place at which the Services will be provided and detailed on the booking form;
- “Payments” means the amounts to be paid by the Customer to Motor Industry Training course fees for the Services and listed on the booking form as may be varied by Motor Industry Training from time to time;
- "Personal Data" is as defined under the Data Protection Legislation.
- “Services” means the services to be provided by Motor Industry Training to the Customer or a third party pursuant to clause 3.1 and more particularly as listed on the booking form or otherwise agreed;
- “Working Days” means any day except a Saturday or a Sunday or any public holiday in England and Wales.
- The Customer appoints Motor Industry Training to provide the Services in return for the Payments.
- Motor Industry Training obligations
3.1 Subject to the Customer’s compliance with these standard terms and conditions, Motor Industry Training shall:
- use reasonable endeavours to provide the Services at the Location on the Course Date and shall provide the Customer and the Attendees with reasonable access to the Location for the purpose of booking or attending a course;
- exercise reasonable skill, care and diligence in providing the Services;
- deliver all Services provided in English; and
- be permitted to assign or subcontract the whole or any part of the Services without the consent of the Customer.
- The Customer’s obligations
4.1 The Customer shall:
- ensure that the agreed Attendees attend at the Location on the Course Date at the agreed time to receive the Services;
- ensure that the Attendees are sufficiently competent to receive the Services;
- comply with and shall ensure that when at the Location, all Attendees comply with all reasonable instructions of Motor Industry Training and all applicable laws and policies (as may be notified to the Customer or the Attendees from time to time by Motor Industry Training);
- withdraw any Attendee from attendance at the Location upon the reasonable request of Motor Industry Training;
- pay the Payments on the due dates for payment; and
- pay any applicable Cancellation and Transfer Charges.
- Payment Terms
5.1 All Customers must pay in full when submitting the Booking Form in accordance with clause 3.
5.2 Where attendance on a course results in certification of any Attendees or the Customer, Motor Industry Training reserves the right to delay such certification until all Payments have been made by the Customer.
- Cancellation and Transfer Charges
6.1 Motor Industry Training reserves the right to cancel or alter the Course Dates or the provision of Services or the Location and the individual or the organisation providing the Service or make reasonable variations to the courses without prior notice. In event of cancellation by Motor Industry Training, the booking will normally be transferred to the next available Course unless the Customer specifically requests otherwise. Where the Customer cancels any Services or the Attendees fail to attend at the Location on the Course Date to receive the Services the following charges will be paid by the Customer to Motor Industry Training:
Cancellation and non attendance:
- Written confirmation received within 14 days of booking from the customer (Minimum 14 day cooling off period) of cancellation. The customer will receive 100% refund, payable within 30 days of written notice being received. Monies to be paid from source of direct payment.
- One hundred per cent (100%) of the Payments where cancellation is outside 14 days from the time of booking and/or the Course Start Date is within 14 days of the cancellation date.
- One hundred per cent (100%) of the Payments where the Attendees fail to attend at the Location on the Course Date to receive the Services.
6.2 The following charges will apply if the Customer transfers their booking(s) to a later date save that the Customer shall not be required to pay a transfer fee if the transfer is due to cancellation or variation by Motor Industry Training:
- One hundred per cent (100%) of the course fee for transfers made within 14 days of the Course Start Date.
- £150 administration charge for all transfers falling outside the 14 days of booking and not within the 14 days of the Course Start Date.
- Free of charge for all transfers made within 14 days of booking provided the Course Start Date falls outside the 14 days from the booking date.
6.3 The transfer option only relates to Attendees who are transferring to a different date on the same course. The choice of course date must be specified at the time of transfer (otherwise the instruction will be considered a cancellation).
6.4 The Customer may transfer a place on a course for one Attendee to a substitute Attendee free of charge.
6.5 The Customer may cancel the Services by telephone but such cancellation must be confirmed immediately in writing (by e-mail or post) to the postal or email address notified by Motor Industry Training.
7.1 All sums payable under this agreement unless otherwise stated are inclusive of VAT and other duties or taxes.
- Intellectual Property Rights Confidentiality
8.1 All copyright and other intellectual property rights in all specifications, drawing, illustrations, diagrams, course literature and other documents issued by Motor Industry Training will remain the property of Motor Industry Training and may not be reproduced without permission.
8.2 Customers will and shall procure that Attendees will keep confidential any and all Confidential Information that it may acquire and shall not use any Confidential Information for any purpose other than the purpose intended by its disclosure by Motor Industry Training and as notified to the Customer and/or the Attendee by Motor Industry Training on disclosure.
8.3 The obligations set out in clause 8.2 above will not apply to any information which is publicly available or becomes publicly available through no act or omission of the Customer or Attendee, or of which disclosure is required by order of a court or regulatory body of competent jurisdiction, and then only to the extent required to be disclosed
8.4 No announcement, press release, circular, marketing or other promotion in connection with Motor Industry Training shall be made by or on behalf of the Customer without Motor Industry Training’s written consent except if and to the extent required by law or by any governmental or regulatory authority.
- Data Protection
9.1 We are the data controller of all Personal Data you provide when booking or enquiring about a training course. If you provide Personal Data about another person to us, you should provide them with this information concerning the processing of their personal data.
9.2 We collect and use this Personal Data to administer your training and comply with any legal obligations (if applicable). We also process the Personal Data, where permitted by law, for business analysis, fraud and crime prevention and to improve our services. These may involve disclosing your data to third parties such as HMRC and our insurers. In the event of company reorganisation, merger or buy out, it may be disclosed to a different group company.
- Limitation of liability
10.1 Motor Industry Training does not exclude its liability (if any) to the Customer for a breach of its obligations arising under Section 2 Sale and Supply of Goods and Services Act 1982; for personal injury or death resulting from its negligence; under Section 2(3) Consumer Protection Act 1987; for any matter which it would be illegal to exclude or to attempt to exclude its liability; or for fraud or fraudulent misrepresentation.
10.2 Subject to clause 9.1 the total liability of Motor Industry Training to the Customer for any reason and upon any cause of action shall be limited to the amount of any Payments and other charges which the Customer has paid to Motor Industry Training under this agreement.
10.3 Subject to clause 9.1, Motor Industry Training will be under no liability whatsoever for any:
- loss of profit (direct or indirect);
- loss of revenue, loss of production or loss of business (in each case whether direct or indirect);
- loss of goodwill, loss of reputation or loss of opportunity (in each case whether direct or indirect);
- loss of data (direct or indirect);
- loss of anticipated saving or loss of margin (in each case whether direct or indirect);
- liability of you to third parties (whether direct or indirect); or
- indirect, special or consequential loss.
- Force Majeure
11.1 Neither party shall be liable for any delay or failure to perform its obligations if such failure or delay is due to Force Majeure.
11.2 For the purpose of this agreement, “Force Majeure” means any act, omission, cause of circumstance beyond the reasonable control of either party and shall include but not be limited to war, rebellion, civil commotion, strikes, lock outs, industrial disputes, fire, explosion, earthquake, volcanic eruption, act of God, flood, drought or other act or order of any government department, council or other constituted body.
- Invalidity of any Provision
12.1 In the event of one or more of these terms and conditions or any part thereof being invalid, illegal or unenforceable in any respect, such term shall be deemed to be severed from the terms and conditions and the validity, legality or enforceability of the remaining terms and conditions shall not be affected or impaired.
- Entire Agreement
13.1 This agreement constitutes the complete and exclusive statement of the agreement between the parties as to the subject matter hereof and supersedes all previous agreements with respect thereto.
- General Terms
14.1 No variation of these terms and conditions will be effective unless agreed in writing by a Director of Motor Industry Training. All terms other than those expressly set out in this agreement are hereby excluded.
1.2 These terms expressly exclude any rights afforded any third party pursuant to the Contract (Rights of Third Parties) Act 1999.
- Law and Jurisdiction
15.1 These terms and conditions and any non-contractual obligations arising out of or in connection with them shall be governed in all respects by the law of England. The parties agree that the courts of England shall have exclusive jurisdiction to determine any dispute arising out of or in connection with the Contract (including in relation to any non-contractual obligations).