TERMS & CONDITIONS
Terrain Safe Manual Handling
Training developed and delivered by Seonaidh Jamieson t/a Terrain Safe (and administered by Seonaidh Jamieson Coaching and Consulting).
Terms & Conditions effective from 1st January 2025.
1. Definitions
1.1. In these T&Cs the following expressions shall have the following meanings:
1.1.1. "We" or "Terrain Safe" means Seonaidh Jamieson t/a Terrain Safe.
1.1.2. The "Client" means the person, company, or other legal entity providing the request to Terrain Safe.
1.1.3. "Services" means the training and support provided by Terrain Safe to the Client under the terms of this agreement.
1.1.4. "Agreement" means the contract between Terrain Safe and the Client under which services are provided by Terrain Safe to the Client.
1.1.5. "Working day" means every day of the week apart from Saturday, Sunday and statutory holidays. "Month" means calendar month. "Week" means seven consecutive days.
1.1.6. "Intellectual Property" or "IP" includes all training materials, course manuals, inventions, patent applications, granted patents, registered and unregistered designs, copyright works, trademarks and confidential information.
2. Scope
2.1. Unless otherwise agreed by Terrain Safe in writing prior to agreement by the Client to these Terms and Conditions, the Client agrees that the provisions of these Terms and Conditions shall constitute all of the provisions relating to the Services to be provided to the Client by Terrain Safe. No other terms and conditions shall be accepted.
3. Prices
3.1. The price payable for the Services shall be the list price of Terrain Safe at the Confirmation Date unless otherwise stated in writing.
3.2. Terrain Safe reserves the right to increase the price from that advertised on the website or in other forms at our discretion and for any reason prior to the course commencement. Where this affects the price payable by the customer and the customer has made payment of the previous advertised price (not including Purchase Orders and Reservations) and does not wish to proceed at the increased price a full refund will be payable.
3.3. The price does not include travel, accommodation, or related expenses unless explicitly stated.
3.4 All prices are exclusive of Value Added Tax (VAT), and will be charged at the appropriate rate.
4. Terms of Payment
4.1. Where the Services related to the provision of a training course, payment by credit card, debit card, or bank transfer is required within 30 days of course delivery.
4.2. A deposit may be requested at Terrain Safe's discretion. Where requested, this is payable on receipt of the invoice and required to secure your booking. The remaining balance is required within 30 days of course delivery.
4.3. Late payments will be charged a late fee 5% per month on all overdue balances.
5. Services
5.1. The contents of course schedules are intended for general guidance only and do not form part of a contract. Terrain Safe reserves the right to make any reasonable variations to courses, including content, without notice. Courses will be delivered by competent persons and adapted for the needs of the Client where appropriate and reasonable.
5.2. Indication of availability on the Terrain Safe website is for guidance and does not form part of a contract. Please contact Terrain Safe before making any travel or accommodation arrangements.
5.3. It is the responsibility of the Client to ensure delegates meet any course prerequisites, and that the course content meets their requirements.
5.4. Terrain Safe will deliver Services with reasonable skill and care. Any other conditions or warranties whether express or implied as to the quality of the Services are hereby expressly excluded.
5.5. Courses are delivered in English and delegates must be sufficiently proficient in English language before attending a course.
5.6. Terrain Safe reserves the right to refuse admission or remove persons after the commencement of a course where in their absolute discretion they deem a person unsuitable for the course, or that their attendance may be detrimental to other delegates.
5.7. Services will be delivered in full in the time needed by the current delegates. The time outlined may differ from the time required depending on the number of delegates.
6. Cancellation, Transfers and Substitutions of Services
6.1. Terrain Safe reserves the right to cancel or arrange alternative dates for courses. In such circumstances, Terrain Safe will endeavour to provide notice, and in the event of a Cancellation the Client will be entitled to a full refund of the course fee, but Terrain Safe will not be liable for any other loss or expense arising.
6.2. In the event of rescheduling a course, we will aim to agree an alternative date within one month as far as reasonably practicable.
6.3. The Client may cancel the course booking by notifying Terrain Safe in writing as soon as reasonably practicable. The Client shall also be deemed to have cancelled the course booking if the delegate(s) does not attend the event. Cancellation fees are as follows:
At any time - expenses incurred as a result of your booking will be payable in full, e.g. accommodation or travel booked
Payment will be required in full if cancelled within 48 hours prior to course commencement.
7. Liability
7.1. Terrain Safe's total liability for any loss or damage shall not exceed the price payable for the Services.
7.2. Terrain Safe shall not be liable for indirect or consequential loss including but not limited to: loss of revenue; loss of goodwill; loss of data; failure to achieve savings.
8. Force Majeure
8.1. Terrain Safe shall not be in breach of this contract if there is any total or partial failure of performance by it of its duties and obligations under this contract occasioned by any act of God, fire, act of government, war, civil commotion, insurrection, embargo, prevention from or hindrance from obtaining any raw materials or energy, sickness or other cause beyond reasonable control.
9. Data Protection and Confidentiality
9.1. Data will be handled in accordance with our privacy policy and adhering to all GDPR requirements.
9.2. All Intellectual Property associated with Services provides will remain the property of Terrain Safe.
9.3. Where Services are distance learning products, the Client shall abide by all reasonable terms of any licence agreements applicable.
9.4. Intellectual Property which is identified as, or can reasonably be deemed to be, confidential shall not be copied, reproduced or disclosed to any third party without the prior written consent of Terrain Safe. The Client shall ensure its employees and all those under the Client's control and supervision comply with this obligation.
10. General
10.1. This contract becomes effective on signing.
10.2. Any typographical clerical or other error or omission in any sales literature, administrative documentation, course materials, invoice or other document or information issued by Terrain Safe shall be subject to correction without any liability on the part of Terrain Safe.
10.3. No variation to these Terms and Conditions shall be effective unless made in writing and signed by an authorised representative of Terrain Safe.
10.4. Terrain Safe may assign or sub-contract the whole or any part of this Contract to any person, firm or company to the Client's requirements.
10.5. These Terms and Conditions expressly exclude any right afforded to any other third party pursuant to the Contracts (Rights of Third Parties) Act 1999.
10.6. All parties (including Terrain Safe and the Client) shall comply with anti-bribery, modern slavery, and all other environmental and social policies that ensure the safety of all involved and the protection of the environment.
10.7. The invalidity or unenforceability for any reason of any condition of these Terms and Conditions shall not prejudice or affect the validity of enforceability of the remainder.
10.8. These Terms and Conditions shall be governed by and construed in accordance with English law and the parties agree to submit to the exclusive jurisdiction of the English courts.
Prior to working with Terrain Safe, you will be asked to read and sign a copy of these Terms.