Terms and Conditions for the Supply of Training Courses
1. Interpretation
1.1 The following definition and rules of interpretation
apply to these terms and conditions (T&Cs):-
1.1.1 “Application Form” shall mean the on-line application
form for a Candidate to apply to Squash Wales to enrol on a Training Course;
1.1.2 “Candidate” shall mean the person who applies to enrol
on a Training Course by submitting the Application Form or by authorising a
third party to submit on their behalf;
1.1.3 “Contract” shall mean the contract between Squash
Wales and the Candidate for the supply of the Services incorporating these
T&Cs;
1.1.4 "Squash Wales" shall mean Squash Wales
performance trading as Squash Wales, company number: 05453674 whose registered
office is at Sport Wales National Centre, Sophia Gardens, Cardiff, CF11 9SW;
1.1.5 “Fees” shall mean the cost stipulated on the
Application Form for the Training Course selected by the Candidate (excluding
any card handling or processing charge which shall be paid in addition to the
Fee);
1.1.6 “Services” shall mean the services of Squash Wales in
delivering the Training Course to the Candidate pursuant to a Contract;
1.1.7 “Training Course” shall mean the training course run
by Squash Wales, selected by the Candidate on the Application Form and which is
designated on the Application Form as falling into one of the following
categories:-
1.1.7.1 Squash Wales Leaders Award;
1.1.7.2 Squash Wales Level 1 Award; or
1.1.7.3 Squash Wales Level 2 Award;
1.1.8 “Working Days” shall mean Monday to Friday excluding
Bank and Public Holidays.
1.2 A reference to any particular law is the reference to it
as it is in force for the time being taking account of any amendment,
extension, application or re-enactment and include any sub-ordinate legislation
for the time being in force made under it.
1.3 Words in the singular include the plural and vice versa
and reference to one gender includes reference to the other gender.
1.4 Headings in these T&Cs are for convenience only and
will not affect the interpretation of these T&Cs.
2. Application of T&Cs
2.1 The Candidate must indicate acceptance of these T&Cs
by submitting the on-line Application Form to Squash Wales.
2.2 Subject to any variation under condition 2.3, the
Services shall be provided on these T&Cs only.
2.3 These T&Cs apply to all Services and any variation
to them shall have no effect unless expressly agreed in writing and signed by Squash
Wales. The Candidate acknowledges that he/she has not relied on any
statement, promise or representation made or given by or on behalf of Squash
Wales.
2.4 Each Application Form submitted to Squash Wales shall be
deemed to be an offer by the Candidate to enrol for a Training Course and to
receive the Services.
2.5 No Application Form submitted by the Candidate shall be
deemed to be accepted until an electronic acceptance is issued by Squash Wales.
2.6 The Candidate shall ensure that the information he/she
has provided on the Application Form is complete and accurate.
3. Candidate’s commitment
3.1 In relation to the Training Course, the Candidate agrees
that he/she will:-
3.1.1 attend and participate in 100% of all activities
prescribed by Squash Wales from time to time;
3.1.2 use his/her best endeavours to learn all new
information provided to him/her during delivery of the Services;
3.1.3 respect and show consideration for all other persons
receiving the Services and all staff delivering the Services;
3.1.4 be physically fit to the extent necessary for
participation in the Training Course; and
3.1.5 submit his/her written assignments within the
deadlines set by Squash Wales from time to time.
3.2 The Candidate agrees that Squash Wales may film aspects
of the Services from time to time for training purposes.
3.3 The Candidate agrees to a Disclosure and Barring Service
check being made against his/her name by or on behalf of Squash Wales.
4. Delivery of the Services
4.1 Those parts of the Training Course that require the
Candidate to attend tutorials or other training sessions at a training centre
will take place at such venue as Squash Wales may stipulate from time to
time.
4.2 Any date specified by Squash Wales for delivery of the
Service is intended to be an estimate and time shall not be of the essence in
any circumstance.
4.3 Squash Wales will deliver the Services exercising
reasonable care and skill.
4.4 Squash Wales may deliver the Services in separate
instalments.
5. Fees, Refunds and Right of Cancellation
5.1 The appropriate Fee for the selected Training Course
must be paid to Squash Wales in full by the Candidate when the Application Form
is submitted. Squash Wales will reimburse the Candidate in full for any
Fee paid if the Candidate’s application is rejected.
5.2 At any time prior to the commencement of a Training
Course, Squash Wales shall have the right to cancel the Training Course by
giving the Candidate as much written notice as is reasonable in all the
circumstances. In the event of such cancellation, Squash Wales will
reimburse the Candidate in full for the Fee paid.
5.3 Right of cancellation:-
5.3.1 Unless the exception below applies, the Candidate has
the right to cancel the Contract within 14 days without giving any reason.
5.3.2 The cancellation period will expire 14 days after the
day on which Squash Wales issued its acceptance.
5.3.3 To exercise the right to cancel, the Candidate must
inform Squash Wales of the decision to cancel by a clear statement (e.g. a
letter sent by post, fax or email).
5.3.4 To meet the cancellation deadline, it is sufficient
for the Candidate to send the communication of the right to cancel before the
cancellation period has expired.
5.3.5 If the Candidate cancels the Contract, Squash Wales
will reimburse the Candidate (or any third party who made payment on behalf of
the Candidate) all payments received and the reimbursement will be made without
undue delay and not later than 14 days after the day on which Squash Wales is
informed about the Candidate’s decision to cancel the Contract. Reimbursement
will be made using the same means of payment as used for the initial
transaction, unless the Candidate has expressly agreed otherwise. In any event,
the Candidate will not incur any fees as a result of the reimbursement.
5.3.6 Exception – the right of cancellation does not apply
where the Service has been fully performed within the 14 day cancellation
period and the performance of the Service began after a request by the
Candidate accompanied by an acknowledgment that the Candidate would lose the
right to cancel once the Contract had been fully performed.
5.3.7 Where following the express request of the Candidate,
the Service has commenced within the 14 day cancellation period, Squash Wales
shall be entitled to charge the Candidate for the supply of the Services for
the period ending with the time when Squash Wales is informed of the
Candidate’s decision to cancel and calculated as a proportion of the total Fees
payable under the Contract.
6. Termination
6.1 Squash Wales may (without limiting any other remedy) at any time terminate the Contract by giving written notice to the Candidate if the Candidate commits any breach of the Contract and (if capable of remedy) fails to remedy the breach within thirty (30) days after being required by written notice to do so. No refund of the Fee will be made by Squash Wales to the Candidate in the event of such termination.
6.2 If the Candidate is in breach of the Contract then
(without limiting any other right or remedy) Squash Wales may be written notice
immediately suspend the Services without incurring any liability.
7. Liability of Squash Wales
7.1 All warranties, conditions and other terms implied by
statute or common law are, to the fullest extent permitted by law, excluded from
the Contract.
7.2 Nothing in the Contract excludes or limits the liability
of Squash Wales for:-
7.2.1 death or personal injury caused by Squash Wales
negligence; or
7.2.2 any matter which it would illegal for Squash Wales to
exclude or attempt to exclude its liability for; or
7.2.3 fraud or fraudulent misrepresentation.
7.3 Any liability of Squash Wales for non-delivery of the
Services (or any part thereof) shall be limited to replacement of the Services
within a reasonable time.
7.4 Subject to condition 7.2, Squash Wales shall not be
liable for any indirect or consequential loss, cost, damages, charges or
expenses suffered or incurred by the Candidate because of:-
7.4.1 any breach of the Contract by Squash Wales; or
7.4.1 any acts or omissions of any third-party or other
Candidate.
8. Assignment and sub-contracting
8.1 The Candidate shall not be entitled to assign the
Contract or any part of it without the prior written consent of Squash Wales.
9. Unforeseen Circumstances
9.1 Squash Wales reserves the right to defer the date of
delivery of the Services if it is prevented from or delayed in carrying out any
of its business due to circumstances beyond the reasonable control of Squash
Wales including, without limitation, acts of God, governmental actions, war or
national emergency, acts of terrorism, protests, riots, civil commotion, fire,
explosion, flood, epidemic, lock-out, strikes or any other labour disputes, or
restraints or delays effecting carriers or inability or delay in obtaining
supplies of adequate or suitable materials.
10. Personal Information
10.1 Squash Wales will only use a Candidate’s personal
information as set out in the privacy policy
11. General Provisions
11.1 All notices regarding the Contract shall be sent
electronically to the parties’ respective addresses as set out in the Contract.
Notices shall be deemed to have been received on the day of dispatch
unless an immediate “delivery failure” notice is received by the sender.
11.2 Each right or remedy under the Contract is without
prejudice to any other right or remedy whether under the Contract or not.
11.3 If any provision of the Contract is found by any court,
tribunal, or administrative body of competent jurisdiction to be wholly or
partly illegal, invalid, void, voidable, unenforceable or unreasonable it shall
to the extent of such illegality, invalidity, voidness, voidability,
unenforceability or unreasonableness be deemed severable and the remaining
provisions of the Contract and the remainder of such provisions shall continue
in full force and effect.
11.4 Failure or delay by Squash Wales in enforcing or
partially enforcing any provision of the Contract shall not be construed as a
waiver or any of its right under the Contract.
11.5 Any waiver by Squash Wales of any breach of, or any
default under, any provision of the Contract by the Candidate shall not be
deemed a waiver of any subsequent breach or default and shall in no way effect
the other terms of the Contract.
11.6 The parties under the Contract do not intend that any
term of the Contract shall be enforceable by virtue of the Contracts (Rights of
Third Parties) Act 1999 by any party that is not a party to it.
11.7 Formation, existence, construction, performance,
validity and all aspects of the Contract shall be governed by the law of Wales
and England and the parties submit to the exclusive jurisdiction of the courts
of Wales and England.
Version 1 - Dated: February 2023
