Terms and Conditions

These terms and conditions apply to services provided by Proactive Health and Social Care. 

These terms and conditions are in addition to the website Privacy Policy.

By purchasing services provided by Proactive health and social care you agree to these terms and conditions.

1. Definitions

“Confidential Information” means information provided by one party to the other concerning the business, clients, suppliers, finances and other areas of the other party’s business or products, including, without limitation, the course materials, but does not include information in the public domain.

“Course materials” means the information or materials provided by Proactive health and social care to accompany a training course provided as part of the services.

“Fees” means the fees paid by you to Proactive Health and Social Care for the provision of training, mentoring and support services.

“Intellectual property rights” means copyright, rights in or relating to databases, patent rights, performers’ rights, designs and registered designs, trademarks, rights in or relating to Confidential Information and other intellectual property rights (registered or unregistered) throughout the world.

“Services” means the provision of training, mentoring and support services purchased by you through Proactive health and social care.

“Training courses” means any face to face training or the Care Certificate

“Learner” refers to any person who is enrolled on a training course with us

“you” means the individual or company purchasing the services.

2. Provision of services

2.1  To book/purchase service from us, please contact us by email and telephone to check availability on

• enquiries@proactivehealthandsocialcare.co.uk
• 07951 425077

2.2  An acceptance of your booking will take place when we email you with a booking confirmation, at which point a contract will come into existence between you and us.

2.3  If we are unable to accept your booking, we will inform you of this and not charge you for the services provided. This might be due to being fully booked, not having availability on dates required or because of unexpected limits on our resources, which we could not reasonably plan for.

2.4  A description of the services together with the dates on which the services will be provided will be made available in writing from Proactive health and social Care.  We will provide the services with reasonable care and skill in accordance with the description set out in the general brochure, training brochure and website.

2.5  Proactive Health and Social Care is not responsible for incidents outside our control that can impact on the provision of services. We will contact you as soon as possible to let you know. Proactive Health and Social Care reserves the right to cancel services at any time, without incurring liability to the customer or any delegates. In such circumstances Proactive Health and Social Care will offer alternative dates, a full refund or a credit note

2.6  We reserve the right to vary or withdraw any of the services described in the general brochure, training brochure or website without notice. We may need to do this to reflect changes in relevant laws and regulatory requirements

2.7  We expect you to confirm that the services you are purchasing will meet your needs.  We do not make any guarantee to you that you will obtain a particular result, professional qualification or employment opportunity from your purchase and completion of any of the services.

3. Cancellations and Variations

3.1.  Where we have accepted/confirmed the services being purchased by you and formed a legally binding agreement, you are permitted within 14 working days to cancel your purchase.

3.2.  Notwithstanding clause 4.1, the following cancellation terms apply:

• Over 3 weeks’ cancellation notice: Full refund
• 2-3 weeks cancellation notice: 50% refund
• Less than 1 week’s cancellation notice: No refund unless in exceptional circumstances at the discretion of Proactive Health and Social Care.

4. Fees

4.1. The fees for services shall be as set out as advised directly at the time you placed an order for them.

4.2. Fees must be paid in full prior to Proactive Health and Social care providing any services. The cancellation and variation clauses will apply to this. 

4.3. A deposit for services would be considered, in exceptional circumstances, but must be paid in full prior to Proactive Health and Social care providing any services. The cancellation and variation clauses will apply to this. 

4.4. You shall be responsible for all costs you incur in connection with non-attendance at any courses.

 

5. Customer obligations

5.1  The customer will provide Proactive Health and Social Care with any information required in advance such as learner names and if learners have special requirements to complete face to face training courses. If you do not give us this information within a reasonable time of us asking for it or you give us incomplete information, we may either end the contract or make an additional charge of a reasonable sum to compensate us any additional work that is required as a result.

5.2  Where training is being delivered at your premises, please ensure you provide access, training space, facilities and any equipment necessary for the delivery of the training

 

6. Removal from training courses

6.1  We reserve the right to refuse to allow you, or any person booked by you, to participate, or continue to participate in a training course if any of the following apply

• A learner gives cause to concern that their continued participation may cause offence or injury to us or other candidates
• A learner does not arrive in time for the training course or any part of it.
• A learner is deemed by us, acting reasonably, to behave inappropriately
• A learner is, in our reasonable opinion, under the influence of alcohol and/or drugs
• A learner is not dressed appropriately throughout the course
• A learner does not maintain appropriate personal hygiene. We recommend no heavy scented perfumes or colognes are used.

7.Liability

7.1  Although Proactive Health and Social Care aims to provide the services to the highest standards of the industry, neither it, nor its trainers accept any liability for:

• Any inaccuracy or misleading information provided in the programmes or course materials and any reliance by the client on any such information.
• Any loss or corruption of data.
• Any loss of profit, revenue, or goodwill; or
• Any indirect, special, or consequential loss arising from any breach of the terms of this agreement.

7.2  Proactive Health and Social care’s total liability for any loss or damage shall not exceed the price payable for the training services.

8. Intellectual Property

8.1.  All Intellectual Property Rights in the course materials, and any presentations made by trainers are, and remain, the intellectual property of Proactive Health and Social Care.

8.2. You are not authorised to: –

• Copy, modify, reproduce, re-publish, sub-licence, sell, upload, broadcast, post, transmit or distribute any of the course materials without prior written permission.
• Record on video or audio tape, relay by videophone or other means the taught course given.
• Use the course materials in the provision of any other course or training whether given by us or any third-party trainer.
• Remove any copyright or other notice of Proactive health and social care on the course materials.

8.3  Breach by you of clause 8.2 shall allow us to immediately terminate these terms and conditions with you and cease to provide you with any services.

9. Confidentiality

9.1.  Each party shall keep the other party’s confidential information strictly confidential and not use it otherwise than for the purposes of these terms and conditions, or where required to disclose under any legal obligation.

9.2.  Either party may disclose confidential information to its legal and other advisors for the purposes of obtaining advice from them.

9.3.  This clause shall continue notwithstanding termination of these terms and conditions.

10.  Termination by us

10.1.  Proactive Health and Social Care shall be entitled to terminate these terms and conditions and cease to provide you with any services with immediate effect in the event that you:

• fail to pay relevant fees.
• Act in an aggressive, bullying, offensive, threatening, or harassing manner towards any employee of Proactive health and social care, any trainer or lecturer, or any student.
• Cheat or plagiarise any work which you are required to prepare or submit in connection with the services or during any examination taken in connection with the services.
• Steal or act in a fraudulent or other unlawful manner.
• Intentionally or recklessly damage property.
• Are intoxicated through alcohol or illegal drugs while attending our courses.
• Commit any criminal offence.
• are in breach of these terms and conditions.

11. Assignment

11.1  The customer shall not, without the prior consent of Proactive Health and Social Care, assign, transfer, charge, subcontract or deal in any manner with all of its rights or obligations under this agreement, such consent may be withheld in Proactive Health and Social Care’s sole discretion.

11.2  Proactive Health and Social Care may at any time assign, transfer, charge, subcontract or deal in any other manner with all or any of its rights or obligations under this agreement

12. Entire Agreement

12.1  These terms and conditions, together with the Website Privacy Notice are the entire agreement between the parties and supersede any prior agreements and arrangements, whether written or oral. You confirm that you have not relied on any representations in entering into these and any other terms and conditions with us.  Nothing in this clause or terms and conditions shall limit liability for any fraudulent misrepresentation.

13. Force Majeure

13.1  Proactive Health and Social care shall not be liable to you for any breach of its obligations or termination under these terms and conditions arising from causes beyond its reasonable control, including, but not limited to, fires, floods, earthquakes, volcanoes and other Acts of God, terrorism, strikes, delay caused by transport disputes, failure to provide a course caused by a death in the trainer’s family, illness of our staff, government direction or regulations.

14. Data Protection

14.1  The nature of the services provided by us means that we will obtain, use, and disclose certain information about you in order to provide you with services.

14.2  When you register for any of our services, we will use your details to:

• Deliver our training to you
• Contact you about any matter arising from your booking or attendance at our training
• Enquire if learners have any ‘special requirements’ prior to attending the course
• Support learner learning
• Monitor and report on candidate progress
• Assess the quality of our services
• Send invoices
• Send information to you about our services
• Comply with the law regarding data sharing
• If you book a certificated/accredited course, we may need to pass your details to the relevant accrediting body.

14.3  Occasionally an employer may request details of course attendance by their staff. We will disclose this information only where the employer has paid for the course or has allowed staff time off work for this purpose. In all other situations we will seek written consent from the staff member/ candidate

14.4. The full details of how we use data is set out in our privacy policy.  By purchasing Proactive Health and Social Care services you agree to this use.

15. Resolution of disputes

15.1  If any differences or disputes arise between us and you in connection with this agreement, we shall use all reasonable endeavours to resolve them by discussions.

16. Law and Jurisdiction

This Agreement is subject to English law and the parties submit to the exclusive jurisdiction of the English courts in connection with any dispute hereunder.