Terms & Conditions

Training Services Agreement
•  When you order any training session your contractual relationship is with Ashbourne Group Ltd (company No 02994316) registered at 10 Clive Avenue, Goring by Sea , Worthing, West Sussex, BN12 4SG  trading as Chelsea Training Studio (CTS) (the “Service Provider”); and
• “the Client” - the person who purchases a session, agree as follows:
IT IS AGREED as follows:

1. Definitions:
The terms used in the agreement are defined below:
Additional support has the meaning given to it in Clause 9.2
Cancellation has the meaning given to it in Clause 6.2
Certificate – means the completion of training Certificate issued by CTS and signed by the CTS trainer.
Damages – means any loss, damage, cost (including reasonable legal fees) or liability.
Effective date means the date of this agreement or, in relation to Online purchases, the date on which the client successfully completes the Online Purchasing Process
Training Sessions means the lessons, training and education that will take place at 35 Harwood Road, London, SW6 4QP or any other designated location arranged with/ by Chelsea Training Studio.
Information means any information, in whatever form, (including any information given orally and any document, electronic file, images, still and moving, and sound recordings or any other way of representing and recording information which contains or is derived or copied from such information) which relates to the Services.
Information Provider means any person which provides Information to the Service Provider.
Materials means any hardware and/or software and related documentation or Information supplied by the Service Provider.
Purchasing Process means the process by which the Client purchases a Service from the Service provider.
Operation Protocol means the guidelines and rules by which the Client shall use the services, as amended from time to time.
Service/Services means the Training Sessions, Materials, Support and any other similar service(s) supplied from time to time by the Service Provider in accordance with the terms set out in this Agreement.
Service Fees means the fees charged by and payable to the Service Provider for the supply of the Services as specified during the online purchasing procedure, and/or related schedules, declarations or operation protocols.
Site means the website of the designated representative of the Service Provider entitled www.chelseatrainingstudio.co.uk.
Service administrator means the designated representative of the Service Provider.
Support means any reasonable technical support and training by email or telephone, as ordered by Client at time of purchase.
System means any Client System that is used by the Client to access and display data that may include Information, education, training services or inductions supplied by the service provider.

2. Scope of the Agreement
The Service Provider will supply the Services to the Client and the Client will pay the Service Fees and use the Services in accordance with this Agreement.

3. Commencement and Duration
The agreement shall commence on the Effective Date and shall continue for an initial term of 12 months unless terminated earlier in accordance with this Agreement.
4. Services – General
4.1 The Service Provider shall retain at all times ownership of the Information.
4.2 The Service Provider shall retain at all times control over the form and content of the Services and reserves the right to change, alter or vary the Services from time to time in accordance with Clause 8 (Change to Services).
4.3 The Information may only be distributed as directed by the Service Provider.
4.4 Unless contrary to any agreement with an Information Provider, the Service Provider will retain all ownership of intellectual property rights in relation to the Information, Materials, Training Sessions and Services.

5. Service Provider Obligations
5.1 The service Provider shall perform the services with all skill, care and diligence and to the professional standards which may reasonably be expected of a competent provider carrying out services similar in nature, scope, size and purpose.
5.2 The Service Provider shall comply, during the provision of the Services, including, but not limited to, the Data Protection Act.

6. Clients Obligations
6.1 The Client agrees to pay the Service Fees and all related charges for the Services including (but not limited to):
(a) charges for the booking of Training Sessions as displayed during the Online Purchasing Process;
(b) all applicable taxes and duties payable in respect of the Services as displayed during the Online Purchasing Process.
6.2 The Client may cancel their attendance to a fixed date Training Session by submitting a cancellation notice (the “Cancellation Notice”), to the Service Provider within the period specified below and according to the instructions displayed on the Site. Upon receipt of such cancellation notice, the Service Provider will refund to the Client, within a reasonable period of time, the specified Service Fees and/or charges paid by the Client. For the avoidance of doubt, the Client shall not be entitled to a refund unless they submit the Cancellation Notice in accordance with this Clause 6.2.
Cancellation Periods
11 or more days notice – 100% refund of fee paid
10 to 6 days notice       - 50% refund of fee paid
5 or fewer days notice   -no refund paid
Please note: Chelsea Training Studio reserve the right to cancel an event or change the course to a different date. In these cases an alternative date for the course will be given in the first instance.
6.3 The Client agrees to comply at all times during the use of the services, with all applicable laws, rules and regulations applicable to the services.
6.4 The Client will be responsible for obtaining and making all consents and licenses and making all filings necessary to receive or use the services, as may be notified by the Service Provider from time to time.
6.5 The Client by proceeding with an order confirms to the service provider their compliance with section 7.
6.6 The conditions contained in the Agreement regarding the use of Information also apply to manipulated Information and stored Information.
6.7 The Client shall comply with the confidentiality undertaking set out in section 7 below.
6.8 The Client acknowledges that Information Providers may have rights in the information which they supply and agrees:
6.8.1 to comply with any registration which such Information Providers may require; and
6.8.2 to comply with any restrictions or conditions imposed on the use, access, storage or re-distribution of Information by the relevant Information Provider, as notified to the Client by the Service Provider or by such Information Provider whether in writing (including on screen notices) or otherwise.

7. Confidentiality
7.1 Except as expressly provided in this Agreement, the Client may not duplicate, publish, sell, license, re-distribute or otherwise use or permit the use of all or any portion of the Services.
7.2 The Client undertakes to use the Information, materials and the induction and/or training/education/continuing professional development only for their own educative purposes and not for any commercial purposes or the purposes of providing an induction or education or training service to another person outside the scope of the agreement
7.3 The Client may not permit access to or re-distribute Information or any other evidence of undertaken training other than for the purpose of induction and/or training/education/continuing professional development.
7.4 Any re-distribution of Information in breach of this paragraph 9 is subject to the Service Provider prior approval, and the \service provider may impose such conditions as it thinks fit. If in any doubt as to whether the current or proposed practice falls within the limited right of redistribution in paragraph 7.1, the Client shall promptly notify the Service Provider and the Service provider will inform the Client if its consent is required or not.
7.5 The Client will not acquire any intellectual property or similar rights in the services, Information, Training Sessions, or Materials and the Client to comply with notices bringing such rights to a Clients attention and all laws relating to such rights. The Client will not remove, conceal or alter any copyright or other propriety notice incorporated in the Services.

8. Changes to Services
8.1The service provider reserves the right to alter, modify or vary the form and content of the Services from time to time, provided that such alteration, modification or variation will not (i) constitute a fundamental change in the nature of the Services, and (ii) cause any deterioration in the level of the Services.
8.2 If the Service provider wishes to change the Services, it shall provide the client with reasonable notice.

9. Termination
10.1 Either party may terminate the Agreement in whole or in part by written notice if the other party is in breach of any of its material obligations under the Agreement and fails to remedy such breach (if capable of remedy) within, in the case of a breach by the Client of its obligations under Section 7, 72 hours and 
in the case of any other breach by either party, 30 days of written notice.
10.2 If the Client materially breaches any of its obligations under the Agreement, the Service Provider may, at its sole discretion, immediately suspend the Services in whole or in part of without penalty.
10.3 The Service Provider may cancel a Service or part of a Service, as the case may be, by written notice if the provision of all or part of that Service:
(a) depends on an agreement between the Service Provider and a third party, and that agreement is modified or terminated for any reason or breached by the third party and, as a result, the Service Provider is unable to provide all or part of that Service upon terms reasonably acceptable to the Service Provider; or
(b) becomes illegal or contrary to any requirement of any regulatory authority.
10.4 Where the Services are temporarily unavailable, this will not be considered a breach as specified in Section 10.2
10.5 All disclaimers and restrictions relating to the Services shall survive the termination of the Agreement:

11. LIABILTY
11.1 Neither party nor any Information Provider, nor any third party supplier will be liable for any Damages in connection with the provision of or failure to provide the Services except as set out in Section 11.2.
11.2 The Service Provider accepts liability for:
•  Death or personal injury cause by its negligence during the provision of the Services in accordance with this Agreement;
•  Any direct Damage caused by its gross negligence or wilful misconduct
11.3 Except as expressly stated in the Agreement, all express or implied conditions, warranties or undertakings, whether oral or in writing, in law or in fact including warranties as to satisfactory 
quality and fitness for a particular purpose are excluded as permitted by English law.
11.4 Neither the Service Provider, nor any Information Provider, nor any third party supplier will be liable to the Client for any indirect, special or consequential loss or Damage (including business interruption and loss of profits) arising out of the Agreement or the Services.
11.5 To the extent permitted by law, the total liability of the Service Provider arising during the provision of the Services in accordance with this Agreement shall not exceed £100 (one hundred pounds) per Agreement.
11.6 The Service Provider shall not be liable for any Damage arising out of its failure to perform an obligation under this Agreement due to circumstances beyond its control. Should such circumstances continue for more than 3 months, either party may cancel any affected Service immediately upon giving written notice to the other party.
11.7 The Client agrees that this section 11 is enforceable by and for benefit of the Service Provider, 
Information Providers and any other third party suppliers to the Services.
11.8 The Services, Materials, Information and Training Sessions are aimed to assist health workers who work on temporary basis or who are new to a work place or who are subject to an induction or annual training update. The Service Provider does not guarantee that the content or information will meet any requirements needed in respect of any regulatory standards. A potential Client is obliged to check prior to commencing of the Purchase Process that the content is appropriate for their use.

12. General
12.1 All notices under the Agreement will be sent by registered mail or by fax or email or delivered in person:
•  By the Service Provider to the Client at the address set out in the Online Purchasing Process;
•  By the Client to the Service Provider at the address provided on the Site.
12.2 Neither party may assign any right or delegate any obligation under the Agreement or any part of it without the prior written consent of the other. This consent may not be unreasonably withheld or delayed.
12.3 The Agreement is governed by the laws of England and the parties submit to the exclusive jurisdiction of the English courts.
12.4 If any part of the Agreement is found to be illegal or unenforceable, this will not affect the validity and enforceability of the remainder of the Agreement.
12.5 If either party delays or fails to exercise any right or remedy under the Agreement, that party will not be deemed to have waived that right or remedy.
12.6 The Clients agrees that if the Service Provider so requests in writing, it will provide written confirmations as to whether it is in compliance with the terms of this Agreement.
12.7 This Agreement replaces any previous agreement between both parties in respect of the Services and applies to any Services already supplied by the Service Providers.
12.8 This Agreement contains both parties' entire understanding regarding the Services.
12.9 (a) In order to take account to new services or new policies, Ashbourne Group Ltd may amend or add to this Agreement.
12.10 This Agreement is subject to strictest confidentiality.