These terms may have changed since you last reviewed them

Please take the trouble to familiarise yourself with all these terms.

1. Where to find information about us and our services

You can find everything you need to know about us, MAN Commercial Protection Limited, and our training course on our website or from our training team before you order.

2. We don’t give business customers all the same rights as consumers

For example, business customers can’t cancel their orders, they have different rights where there is a problem with our training courses and we don’t compensate them in the same way for losses caused by us. Where a term applies just to businesses or just to consumers, this is clearly stated. You are a business customer if you are buying our training courses wholly or mainly for use in connection with your trade, business, craft or profession, even if you are an individual.

3. When you purchase courses from us you are agreeing that:

• We only accept orders immediately before we send you your booking confirmation.
• Sometimes we reject orders.
• We charge you when you order or on invoice..
• We pass on increases in VAT.
• We’re not responsible for delays outside our control.
• Course materials can vary from their description or their pictures on the website.
• We may charge you if you don’t give us information we need.
• If you are a consumer and you bought online, by mail order, or over the telephone, you have limited rights to change your mind.
• If you are a business, you are not covered by consumer legislation and you have no right to cancel your order .
• We can change the content of our courses and these terms.
• We can suspend supply (and you have rights if we do).
• We can end our contract with you.
• We don’t compensate you for all losses caused by us.
• We use your personal data as set out in our Privacy Notice.
• You have several options for resolving disputes with us.
• Other important terms apply to our contract.

4. If you are a business customer this is our entire agreement with you

If you are a business customer these terms constitute the entire agreement between us in relation to your purchase. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by us or on our behalf which is not set out in these terms and that you have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement.

5. We only accept orders immediately before we send you confirmation of your course booking including details of the venue and time.
   • Our course selection page will guide you through the steps you need to take to place an order with us. Our order process allows you to check and amend any errors before finally submitting your order to us. Please take the time to carefully review and check your order at each page of the order process.
   • After your order is placed, you will receive an email from us confirming your booking and accepting your order.
6. Sometimes we reject orders

Sometimes we reject orders, for example, because we are unable to provide a particular course until material is updated, because we can’t verify your age, because you are located outside the UK or because the course was mispriced. When this happens, we let you know as soon as possible and refund any sums you have paid.

7. We charge you when you order or on invoice
   • Full payment in cleared funds will be required before the start date of the relevant course.
   • If you are a consumer or a small business, we will charge you when you order a course. Payment will need to be made by debit or credit card for the full cost of the course. If the debit or credit card transaction is declined by your bank, funds will not be deemed to have cleared. We shall not be liable for any bank charges that may apply.
   • If you are a large business, we may consider credit terms, please contact our training team with your enquiry. Notwithstanding any credit arrangement, clause 1 shall apply.
8. If you are a business customer you have no set-off rights

If you are a business customer you must pay all amounts due to us under these terms in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).

9. We pass on increases in VAT

Once we have invoiced you, changes in VAT will not affect the price you pay.  If the rate of VAT changes between your order date and the date we accept your order for the course, we adjust the rate of VAT that you pay.  Where the rate of VAT has increased, and you are a consumer, we will honour the course fee paid including VAT.  If you are a business, we will contact you for an extra payment.  Where the rate of VAT has been reduced, we will at our discretion take the original payment and automatically within the next working day thereafter refund the difference or charge the lower amount to your credit or debit card.

10. We’re not responsible for delays outside our control

If our supply of your course (or any part of it), or a refund is delayed by an event outside of our control (including but not limited to cyber-attacks on our websites servers or on any part of the infrastructure required to deliver your course, industrial action by third parties, power outages, changes in legislation that affect the course content or the delivery of the course, civil unrest, inclement weather, rioting or war), we will contact you as soon as possible to let you know and do what we can to reduce the delay. As long as we do this, we won’t compensate you for the delay, but if the delay is likely to be substantial you can contact our Training Team by telephoning 0121 733 484 to end the contract for the delayed course you’ve paid for in advance. We may require you to confirm your cancellation by email.  We will refund you for the parts of the course you have not received less reasonable costs in respect of those parts we have already incurred.  Where the delay is a delay to a refund, we will make the refund as soon as we are reasonably able to do so.

11. Course materials can vary from their description or their pictures

Course materials can vary from their description or their pictures on this website so long as such variations do not reduce the usefulness of those materials.

12. You’re responsible for ensuring your attendance at the venue

If for any reason you (or in the case of a business, your candidate) does not attend their course, no refund will be given.

13. We charge you if you don’t give us information we need

We charge you additional sums if you don’t give us information we’ve asked for and your failure to provide that information causes us additional costs.

14. If you are a consumer and you bought online, by mail order, or over the telephone, you have limited rights to change your mind
    • We only accept your order for courses immediately before we send you the order confirmation.
    • Save as provided in clauses 1 you are able to cancel your order up to 14 days after we confirm acceptance of your order.
    • If, the course (or any part thereof) takes place within the 14 day cancellation period, you may still cancel your course within the 14 day period but we will only refund you in respect of any part of the course that you did not attend. No deduction from the refund will be made in respect of any pre-course learning sent by email.
    • You must pay for the services that you have received before you change your mind.

If as a consumer, you bought a course from us and you attend any part of it, we don’t refund you for the time you were receiving the course.  Where you have attended part of the course, the course fee will be applied in equal proportions for each half day over the duration of the course and you will be refunded on such said basis for that proportion of the course you did not attend.  Where you have attended part of a session, you will be charged for the whole of that half day session.

• How to let us know.

To let us know you want to change your mind, contact our Training Team by telephoning 0121 733 484. We may require you to confirm your cancellation by email.

• When and how we refund you.

We refund you as soon as possible and within 14 days of you telling us you’ve changed your mind. We refund you by the method you used for payment. We don’t charge a fee for the refund.

15. If you are a business, you are not covered by consumer legislation and you have no right to cancel your order.
    • If you have any questions, please contact our Training Team by telephoning 0121 733 484.
16. Your rights and remedies if you are a consumer.
    • We honour our legal duty to provide you with courses that are in all material respects as described to you on our website and that meet all the requirements imposed by law. Your legal rights are summarised below. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.citizensadvice.org.uk. Remember too that You have several options for resolving disputes with us.

Summary of your key legal rights Our courses are classified as services, and the Consumer Rights Act 2015 says: You can ask us to repeat or fix a service if it’s not carried out with reasonable care and skill, or get some money back if we can’t fix it. If a price hasn’t been agreed upfront, what you’re asked to pay must be reasonable. If a time hasn’t been agreed upfront, it must be carried out within a reasonable time.

17. Your rights if you are a business.

We will perform our courses with reasonable care and skill. Our courses will:

• conform in all material respects with their description and any relevant specification; and
• be fit for any purpose held out by us.

18. Your remedies if you are a business.

If we have not performed our courses with reasonable care and skill you must give us the opportunity to reperform the part of the course which was deficient in its delivery.  At our discretion we may refund part of the course fee concerning the part of the course not performed with reasonable care and skill.

19. We can change courses and these terms.
    • Changes we can always make. We can always change a course:

• to reflect changes in relevant laws and regulatory requirements; and
• to make minor technical adjustments and improvements. These are changes that don’t affect your benefit from a course.
  • Changes we can only make if we give you notice and an option to terminate.

We can also make the following types of change to the courses, or these terms, but if we do so we’ll notify you and you can then contact our Training Team by telephoning 0121 733 484 to end the contract before the change takes effect and receive a refund for any course you’ve paid for in advance but won’t receive. We may require you to confirm your cancellation by email. The types of changes are:

• changes to course times;
• changes to the course venue;
• substantial changes to scope of the course that goes beyond merely updating the content or correcting an error.

20. We can suspend supply (and you have rights if we do)
    • We can suspend the supply of a course. We do this to:
    • deal with technical problems or make minor technical changes;
    • update the courses to reflect changes in relevant laws and regulatory requirements; or
    • make changes to the courses (see We can change courses and these terms).
    • We will contact you in advance to tell you we’re suspending a course, unless the problem is urgent or an emergency. If we suspend the course you can contact our Training Team by telephoning 0121 733 484 to end the contract and we’ll refund any sums you’ve paid in advance for the course you won’t receive. We may require you to confirm your cancellation by email.
21. We can end our contract with you

We can end our contract with you for a course, and claim any compensation due to us if:

• you don’t make any payment to us when it’s due and you still don’t make payment within 10 days of our reminding you that payment is due;
• you (or your candidate) don’t, within a reasonable time of us asking for it, provide us with information, cooperation or access that we need to provide the course.
• you (or your candidate) don’t, attend the course.

If you are a consumer and you bought online, by mail order, or over the telephone, nothing in this clause 22 shall affect your legal rights to change your mind.

22. We don’t compensate you for all losses caused by us or our courses
    • Our liability to consumers. We’re responsible for losses you suffer caused by us breaking this contract unless the loss is:
    • Unexpected. It was not obvious that it would happen and nothing you said to us before we accepted your order meant we should have expected it (so, in the law, the loss was unforeseeable).
    • Caused by a delaying event outside our control. As long as we have taken the steps set out in the section We’re not responsible for delays outside our control.
    • Avoidable. Something you could have avoided by taking reasonable action. For example, damage to your own digital content or device, which was caused by digital content we supplied (for example an email or an attachment thereto) and which you could have avoided by following our advice to apply a free update or by correctly following the installation instructions or having the minimum system requirements advised by us.
    • Our liability to businesses. If you’re a business, then, except in respect of the losses described in Losses we never limit or exclude:

• we’re not liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us; and
• our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, and be limited to the total sums paid by you under such contract.
  • Losses we never limit or exclude. Nothing in these terms limits or excludes our liability for:
• death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);
• fraud or fraudulent misrepresentation;
• any matter in respect of which it would be unlawful for us to exclude or restrict liability.

 

• No implied terms. Except to the extent expressly stated in Your rights if you are a business, we exclude all terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982.

23. We use your personal data as set out in our Privacy Notice

How we use any personal data you give us is set out in our Privacy Notice.

24. You have several options for resolving disputes with us
    • Our complaints policy. Our Training Team are available by telephone on 0121 733 484 and they will do their best to resolve any problems you have with us or our courses as per our Complaints Policy.
    • Resolving disputes without going to court (consumers only). Alternative dispute resolution is an optional process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If we are unable to settle your complaint with us, we will provide you with the following information in writing:

• a statement that we are unable to settle the complaint with you;
• details of an Alternative Dispute Resolution provider that could deal with the complaint if you so wish;
• a statement as to whether we agree to the dispute being dealt with using Alternative Dispute Resolution.

Alternative Dispute Resolution is normally free for the consumer.   If you are unhappy with the result of the Alternative Dispute Resolution, you can still go to court.

• You can go to court. These terms are governed by English law. If you are a consumer then, wherever you live, you can bring claims against us in the English courts and if you live in Wales, Scotland or Northern Ireland, you can also bring claims against us in the courts of the country you live in. If you are a consumer we can claim against you in the courts of the country you live in. If you are a business you irrevocably agree to submit all disputes arising out of or in connection with our contract with you to the exclusive jurisdiction of the English courts.

25. Other important terms apply to our contract
    • We can transfer our contract with you, so that a different organisation is responsible for supplying the services to you. We’ll contact you to let you know if we plan to do this. If you’re a consumer and you’re unhappy with the transfer you can contact our Training Team on 0121 733 484 to end the contract within 14 days of us telling you about it and we will refund you any payments you’ve made in advance for services not provided. We may require you to email confirmation of your decision to cancel the course.
    • You can only transfer your contract with us to someone else if we agree to this.
    • Nobody else has any rights under this contract. This contract is between you and us. Nobody else can enforce it and neither of us will need to ask anybody else to sign-off on ending or changing it.
    • If a court invalidates some of this contract, the rest of it will still apply. If a court or other authority decides that some of these terms are unlawful, the rest will continue to apply.
    • Even if we delay in enforcing this contract, we can still enforce it later. We might not immediately chase you for not doing something (like paying) or for doing something you’re not allowed to, but that doesn’t mean we can’t do it later.