Terms and conditions for supply of services

Version number: 1.0
Effective date: 2nd October 2021

Who are we?
1. We are First Rescue Training and Supplies Ltd. Our company information is at the end of this document.

What this is all about?
1. These are our terms and conditions which apply to our training and related services. We’ve tried to make them user-friendly. Please read them carefully and save a copy as we don’t file a copy specifically for the transaction with you. They’re available in English only.
2. Where you communicate with us on behalf of a company / organisation, you agree that you have authority to act on its behalf.

How you enter a legal contract with us?
1. Your order is an offer to enter a legal contract with us to use our services.
2. You place your order by using the ordering process on our site. We accept your offer and there is a binding legal contract when we send you a confirmation email.
3. We reserve the right in our discretion for any lawful reason to refuse any request to use our service.

Providing us with accurate information
1. You agree to ensure that all information which you supply to us is accurate and you will tell us immediately if there are any important changes.

Paying us
1. You must pay us in full in advance when you order unless we agree in writing to accept payment on invoice, in which case you must pay us at least 21 days before the course starts (unless we agree otherwise in writing). You must pay VAT where it applies.
2. You must make all payments without any set-off, counterclaim or any other deduction.
3. If any amount due to us is unpaid (including unjustifiable chargeback), without prejudice to any other remedy that may be available to us, we may charge you: (1) a reasonable additional administration fee; (2) the amount of any third party charges imposed on us; and/or (3) interest (both before and after judgment) on the amount unpaid at the rate for the time being that would be applicable if the debt were a qualifying debt under the Late Payment of Commercial Debts (Interest) Act 1998.
4. We are entitled to end this contract if you do not make any payment when due including if there is a chargeback.
5. You must contact us immediately with full details if you dispute any payment.

About discount codes
1. We may offer discount codes from time to time. Such codes may only be applied to purchases made through the account in respect of which the discount code was offered and registered and are not transferrable or redeemable for cash. Unless otherwise stated: codes (1) are only available for future new orders placed online; (2) cannot be used retrospectively; (3) can only be redeemed once per customer; and (4) expire after 12 months. You cannot use more than one discount code per transaction unless we state otherwise; if we do so, the order in which the codes are to be applied is in our sole discretion.
2. We reserve the right to reject any discount code if we consider that it is being used in breach of these terms. Discount codes are subject to any additional specific terms and conditions which are specified at the point of issue. We reserve the right to discontinue or otherwise modify any discount codes at any time without prior notice.

Cancellations and changes
1. There is no consumer right of “cooling off” because our service is aimed at people acting in connection with a business or profession.
2. If you cancel any booking for a face-to-face or blended course by email at least 21 days before the face-to face course (or part of the course) starts, we will provide a full refund unless: we agree with you to reschedule the course (in-house) or for you to attend at an open course; or you have already started the online part of a blended course, in which case we will deduct 20% from the refund.
3. For face-to-face in-house courses only, we will provide a 50% refund if you cancel less than 21 days but at least 14 days before the course starts.
4. Except insofar as we say otherwise in this agreement, you are not entitled to any refund if you cancel a booking. And you remain liable to pay us any money that you owe us at the time of cancellation (e.g., where you are paying on invoice) subject to credit for any refund to which you are entitled under this agreement.
5. We may in our discretion allow you to change to a different (open) course if you satisfy us that there are exceptional circumstances.
6. We are entitled without refund to refuse you entry or require you to leave the face-to-face part of a blended course if you haven’t completed the online part of the course at least 24 hours in advance.
7. We are entitled to cancel or reschedule any face-to-face course (or part of a course) if there are exceptional circumstances, e.g., illness of a course presenter, or if we consider that there are insufficient bookings for an open course. If so, we will give you as much notice as possible and we will provide a full refund unless we agree with you to reschedule the course (in-house) or your attendance at another open course.

Your venue (in-house courses)
1. This section applies to face-to-courses to be provided at a venue provided or arranged by you.
2. You agree: that you are responsible for obtaining all necessary consents and licences; to provide reasonable access and facilities for our staff; and to take reasonable steps to ensure that the venue is a safe and suitable location for us to provide our service and to procure the safety of our staff and equipment.
3. You agree that we are entitled to withdraw from any venue and suspend our services immediately if we have any concerns as to the safety or security of our staff or equipment.
4. We will take reasonable steps to check equipment in advance but cannot guarantee that technical difficulties will not arise or that they can necessarily be resolved quickly or on the same day. We are not liable in such case.

Venues arranged by us (open courses)
1. While we will take reasonable care to choose suitable venues for open courses, we are not generally responsible for the catering or other facilities provided by the course venue. You are responsible for informing the venue about any relevant dietary requirements or food allergies.

Behaviour at face-to-face courses
1. If you attend a course you agree: that you will behave in a reasonable and non-disruptive manner; not to make any audio or video recordings of the course or other participants without our prior written permission; and to comply with any rules and regulations that apply to the venue and with reasonable requests by us and the venue operator.
2. We are entitled to end or suspend or require to you leave a course without refund at any time if you break this contract or we reasonably consider that it is necessary to do so for safety reasons.
3. If you arrange for other people to attend the course, you agree to ensure that they comply with this section of the TCs and with any other relevant clauses in this document. You are responsible if they don’t.

Our online services
1. Where applicable, we grant you a limited personal non-transferable right to use our online services on any applicable device owned or controlled by you subject to these terms and conditions.
2. We are entitled to end your access to our online service after 12 months.
3. We may change these terms and conditions by posting the new version on our website. The new version will apply if you continue to use our online service after the effective date.
4. You agree not to do any of the following in connection with our online services: break the law or infringe anyone else’s rights; use our service with a view to competing with us or infringing our rights; disrupt our service, e.g., spam, viruses or phishing; interfere with or damage our Service or gain unauthorised access to any part of our system, data, passwords or otherwise; intercept or modify communications; impose an unreasonable load on our Service; get around any security features including those designed to stop copying of content; or attempt, encourage or assist any of the above.
5. We may display other peoples’ services, advertising and /or links to other websites. We do not recommend or endorse, nor are we legally responsible for, any of these. You use them at your own risk.
6. Unless otherwise specifically stated on our service, your online account is for your personal use only. You must not allow any other person to use your account unless we specifically say otherwise. You agree to take reasonable care to keep your login information confidential and to tell us immediately of any apparent breach of security such as loss or misuse of a password. You are responsible for other people who use your account or identity (unless and to the extent that we are at fault).
7. We are entitled without refund at any time to end this contract or suspend part or all of our service or impose restrictions on our service if you break this contract including non- payment of any applicable fees.
8. We do not guarantee that our service will be uninterrupted or error-free. We are entitled, without notice and without liability to suspend the service for repair, maintenance, improvement or other technical reason.

Restrictions on our legal responsibility – very important
1. Nothing in this agreement in any way limits or excludes our liability for negligence causing death or personal injury or for fraud or fraudulent misrepresentation or for anything which may not legally be excluded or limited. In this section, any reference to us includes our employees and agents, who have the right to enforce this agreement.
2. Our liability of any kind (including our own negligence) for any act or omissions or series of connected acts or omissions is limited to the total fees paid or payable by you to us in connection with our service in the 12 months before the first act or omission complained of.
3. In no event (including our own negligence) will we be liable for any of the following (even if we have been advised of the possibility of any such losses): economic losses (including, without limit, loss of revenues, profits, contracts, business or anticipated savings); or loss of goodwill or reputation; or special, indirect or consequential losses; or damage to or loss of data.
4. You will indemnify us against all claims and liabilities directly or indirectly related to your use of the Service and/or breach of this agreement.
5. To the extent allowed by law, you and we exclude all terms, whether imposed by statute or by law or otherwise, that are not expressly stated in this agreement.
6. This agreement constitutes the entire agreement between us with respect to its subject matter and supercedes any previous communications or agreements between us. We both acknowledge that there have been no misrepresentations and that neither of us has relied on any pre-contractual statements. Liability for misrepresentation (excluding fraudulent misrepresentation) relating to the terms of this agreement is excluded.

Intellectual property rights
1. We own the copyright and other intellectual property rights in our online and face-to-face to face courses course material. We license, i.e., permit, use of this material to enable you (or the attendee for whom you book) to take or attend the course only. You must not otherwise use it including copying, publishing, selling or adapting it or taking extracts from it unless we specifically say so in writing (except to the extent specifically allowed by this agreement). You must not misrepresent the ownership or source of such material, for example by changing or removing any legal notices or author attributions.

Your personal information – see our privacy policy
1. You agree that we can deal with your personal information in accordance with our Privacy Policy which may change from time to time. If you book for anyone else to attend a course, you agree to ensure that they consent to our privacy policy before you provide their details.

Things we can’t control
1. We are not liable for failure to perform or delay in performing any obligation under this agreement if the failure or delay is caused by any circumstances beyond our reasonable control including third party telecommunication failures and epidemics/pandemics.

Transferring this contract to someone else
1. We may transfer all or part of our rights or duties under this agreement provided we take reasonable steps to ensure that your rights under this agreement are not prejudiced. As this agreement is personal to you, you may not transfer any of your rights or duties under it without our prior written consent.

English law and courts
1. This contract is under English law and any disputes will be decided only by the courts of the United Kingdom.

General but important information
1. We may send all notices under this agreement by email to the most recent email address you have given us. You can send notices to our email address shown below. Headings used in this agreement are for information and not binding. If any part of this agreement is ineffective or unenforceable for any reason, the rest of the agreement will still apply. If either of us overlooks any breach of this agreement by the other, it can still be actioned later. A person who is not a party to this agreement can’t enforce it unless the agreement says otherwise. The parties are independent contractors and, except as otherwise specifically stated above, nothing in this agreement make any party as agent, employee or representative of the other.

Complaints
1. If you have any complaints, please contact us via the contact details shown below.

Information about us
1. Company name: First Rescue Training and Supplies Ltd
2. rading names: “Defib Warehouse” / “First Rescue”
3. Country of incorporation: England and Wales
4. Registered number: 07273214
5. Registered office and contact address: Corner Farm, Moor Lane, South Duffield, North Yorkshire, YO8 6TA, UK
6. Contact email address: enquiries@first-rescue.co.uk
7. Other contact information: See our website/contact page
8. VAT number: 996 7896 14