NORMA LEWIS TRAINING
TERMS OF BUSINESS
UPDATED 1/4/2016
General Terms and Conditions for use of Norma Lewis Training Website.
If you have any questions, comments or requests regarding these policies, please contact norma@normalewistraining.co.uk
1) When you access and use this website you agree to be legally bound by all our Terms of Business, as well as the supplementary Terms below.
2. Norma Lewis Training will only undertake business under the following Terms:
2.1 The Terms are legally binding and shall be incorporated in any agreement between Norma Lewis Training and the Customer.
2.2 The Terms form the contract between the Agency and the Customer to the exclusion of all other terms and warranties.
2.3 The Terms are deemed to be accepted by the Customer by virtue of either
a) The Customer’s Verbal instruction to the Agency,
b) And / or the submission in any format of a completed Booking Form to Norma Lewis Training, whether that form is signed or unsigned by the Customer, or the Customer’s agent (whichever first occurs).
2.4 These terms and conditions supersede all previous terms of business relating to Norma Lewis Training.
2.5 Any extension, waiver or variation to these Terms may only be in writing signed by Norma Lewis.
3. A binding contract will be formed when you have booked your course / service through Norma Lewis Training, either via the internet or over the ‘phone.
Once booked, if you cannot attend a course for any reason, payment will still be due, and no refund available, but you may transfer the booking to a friend. If it is possible, at the sole discretion of Norma Lewis, the booking may be transferred to a future date.
4. An invoice will be issued, and the full Course Fee will be payable within 10 days of the date of the invoice, unless the Course starts within that same 10 day’s period, in which case the Invoice must be paid immediately.
N.B. A Customer may not attend a Course before the Invoice is paid, and in the case of a cheque, all monies must be cleared.
5. All payments are non-refundable.
If you are unable to attend a Course booked, you are welcome to transfer your class booking over to a friend of yours, and it will be your responsibility to provide us with their name and contact information.
6. No refund shall be given should a Customer fail any course provided by Norma Lewis Training, and Norma Lewis Training makes no guarantee as to a Customer successfully passing any course.
7. Norma Lewis Training reserves the right to cancel and/or amend course dates, times, contents and venues. Every effort will be made to give the Customer as much notice as possible, and to offer a reasonable alternative. If these do not suit the Customer, Norma Lewis Training will issue a full refund of the price of the course. No further compensation will be given.
8. Nothing in these terms shall operate to exclude or limit Norma Lewis Training’s liability for death or personal injury caused by its negligence, any breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982 or fraud.
Norma Lewis Training shall not be liable to the Customer whether in contract, tort (including negligence) or otherwise for any loss of profit; anticipated profits; revenues; anticipated savings; goodwill or business opportunity; or for any indirect or consequential loss or damage whatsoever or for any failure to comply with its obligations due to an event beyond Norma Lewis Training’s reasonable control. Norma Lewis Training’s aggregate liability to the Customer whether in contract, tort (including negligence) or otherwise shall in no circumstances exceed the total sum paid or payable by the Customer to Norma Lewis Training under the Contract.
The Customer acknowledges that the limitations and exclusions of the obligations and liabilities of the Agency set out in these Terms are reasonable and reflected in the fee payable to Norma Lewis Training under these Terms and shall accept risk or insure accordingly.
9. The Customer shall indemnify Norma Lewis Training for any loss or expenses caused as a result of providing inaccurate information to Norma Lewis Training, mistakes contained within the Customer’s order, changes to the Contract requested by the Customer or personal injury or death caused by the Customer not following Norma Lewis Nannies Training guidelines correctly.
10. The Customer and the Agency acknowledge and agree that the terms of this contract shall remain confidential and agree not to disclose, communicate or otherwise make public the same either directly or indirectly through a third party, save the professional advisers and relevant tax authorities, or otherwise as may be required by law.
Furthermore, the parties hereby agree that they will not make, publish, or otherwise communicate any disparaging or derogatory statements, whether verbally, in writing or through any social media source or websites, concerning the other party hereto.
Any complaints that may arise from either party will be dealt with in line with the Norma Lewis Nannies Training’s Complaints Procedure. (See clause 12). A failure to adhere to this clause risks the party in breach being subject to legal action by the other.
11. In the event that the Customer wishes to complain about a service offered by Norma Lewis Training, in the first instance, the complaint should be put in writing to Norma Lewis, and an effort made to resolve any situation. After this you have the right to take legal advice.
12 MISCELLANEOUS
12.1 Norma Lewis Training automatically sends regular information to all previously registered Customers through the medium of e-mails. It is the Clients’ and Applicants’ responsibility to inform Norma Lewis Training if they wish to be removed from this Database, and give any information required in order for this to occur.
12.2 Norma Lewis Training reserves the right to review and to revise these Terms without prior notice. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you.
12.3. Neither party shall be liable for delay or failure to perform any obligation under this Agreement if the delay or failure is caused by any circumstance beyond their reasonable control, including but not limited to, acts of God, war, civil unrest or industrial action.
12.4. No other person or body who is not a party to the Contract has any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any terms of the Contract.
12.5. Any written notice given under these terms and conditions shall be served either by registered post or by facsimile to the relevant party’s registered/principal office or last known address. (Administration Office: c/o Norma Lewis, 28, Little Bushey Lane, Bushey, Herts, WD23 4JU)
13. This Agreement shall be governed by and construed in accordance with the law of England and Wales and each party agrees to submit to the exclusive jurisdiction of the courts of England and Wales.
14. If any provision of this Agreement is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction, such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if this Agreement had been agreed with the invalid illegal or unenforceable provision eliminated.
NORMA LEWIS TRAINING SUPPLEMENTARY TERMS OF BUSINESS
WEBSITE DISCLAIMER
By accessing any part of Norma Lewis Training Website you agree that we will not be liable for any direct, indirect or consequential loss or damage of any kind arising from the use of the information and material contained in this website, or from your access of other material on the internet via web links from this website.
We will not be liable for any loss or damage caused by a virus or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of Our Site or to your downloading of any material posted on it, or on any website linked to it.
We have endeavoured to ensure that the information contained in this website is accurate. Your use of information held on this website and any downloadable item is at your own risk.
The Parties reserve the right to make alterations and corrections to the information contained in this website at any time without notice.
Any of the material on Our Site may be out of date at any given time, and we are under no obligation to update such material.
We will not be liable if for any reason our Site is unavailable at any time or for any period. Should the need arise, we may suspend access to our site, or close it indefinitely.
The above exclusions and limitations apply only to the extent permitted by law.
(INFORMATION, CANCELLATION AND ADDITIONAL CHARGES) REGULATIONS 2013
(DISTANCE SELLING)
These provided that a contract for services can be cancelled within 14 days of the order being made or contract being signed in certain circumstances. To comply with such regulations, we have provided you with a description of the service to be provided, the price of the service and full details of the Agency. You have the right to cancel the contract within 14 days of it being made.
If you want us to start work or provide the service before that period has elapsed, you need to waive your cancellation rights by ticking the box at the end of the booking form, which shows your agreement with the following statement:
“To Norma Lewis Training with regard to the contract dated (date of submission of Form) and my cancellation rights under the Consumer Contracts Regulation 2013;
I hereby waive such rights as I wish you to commence work and / or provide the service under the terms of the contract prior to the end of the 14 day’s cancellation period, and I understand this will render me liable for any proper charges made under the terms of the said contract.
Signed (your name on the booking form)”
HYPERLINKS AND THIRD PARTY WEBSITES
Norma Lewis Training (“We”) use links to other websites. We will always seek to make these links clear, so that you are aware when you have left our website.
Where our Site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them, even where the third party in question states that they are a “partner” of Norma Lewis Nannies.
If you agree to purchase goods or services offered on or through such third party websites, the resulting agreement will be entirely between you and the relevant third party; we will not be involved in, or have any responsibility under, those agreements.
The above exclusions and limitations apply only to the extent permitted by law.
Your concerns: If you have any concerns about items and information which appear on our site, please norma@normalewistraining.co.uk
INTELLECTUAL PROPERTY RIGHTS
We are the owner of all intellectual property rights on Our Site, and of the material published on it. You must not use any part of the materials on Our Site for your own commercial purposes without our permission either verbally or in writing from Norma Lewis.
You may not redistribute material from Our Site except for content made available for this purpose, such as the Blog. Our status (and that of any identified contributors) as the authors of material on Our Site must always be acknowledged.
PRIVACY POLICY
Norma Lewis Training (“We”) aims to protect and respect your privacy, and we process information about you in accordance with our privacy policy and Data Protection rules. By using our site, you consent to such processing and you warrant that all data provided by you is accurate. We are registered with the Information Commissioner’s Office.
The nominated representative for the purpose of the Data Protection Act 1998 (the “Act”), is Norma Lewis, whose postal address 28 Little Bushey Lane, Bushey Herts WD23 4JU.
Please be aware that other websites linking with ours are owned and run by other companies and organisations, and we cannot accept responsibility for any information you choose to divulge to a linked website.
We may collect the following information from you:
• name and address
• contact information including email address
• other information relevant to your enquiry that you provide by filling in forms on our site, or sending further material.
• We may keep a record of any calls, correspondence and Interviews arranged
• We may also ask you for information when you report a problem with Our Site.
• Details of your visits to Our Site including collected by Cookies. (See Cookie Policy and explanation of it below)
What we may do with the information we gather:
• We validate your contact details
• Internal record keeping, to comply with Employment Agency Standards and requirements.
• To allow you to participate in interactive features of our service, when you choose to do so.
• To notify you about changes to our service.
Where we store your personal data
Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to Our Site; any transmission is at your own risk.
Once we have received your information, it is stored on our secure servers, and we will use strict procedures and security features to try to prevent unauthorised access.
Disclosure of your information:
Your personal information will not, without your prior express written consent, be provided to any third parties for marketing purposes.
If it is reasonably necessary for the purposes set out in this privacy policy, we may disclose your personal information to any of our employees, contractors or agents.
We may disclose your personal information to third parties:
• In the event that we sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets.
• If Norma Lewis Training or substantially all of its assets are acquired by a third party, in which case personal data held by it about its customers will be one of the transferred assets.
• If we are under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply our terms of use and other agreements; or to protect the rights, property, or safety of Norma Lewis Nannies, our customers, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.
Access to information
The Act gives you the right to access information held about you. Your right of access can be exercised in accordance with the Act. Any access request may be subject to a fee of £10 to meet our costs in providing you with details of the information we hold about you as well as the provision of appropriate evidence such that we can verify your identity (for example: a photocopy of your passport or driving licence certified by a solicitor or bank plus a copy of a recent utility bill showing your current address)
Changes to Our Privacy Policy
Any changes we may make to our privacy policy in the future will be posted on this page and, where appropriate, notified to you by e-mail.
COOKIE POLICY AND EXPLANATION
What is a cookie?
Cookies are small text files that are sent by websites that you visit to recognise who you are when you return there. There files are stored on your computer’s hard drive, and are read by your web browser.
How are cookies used?
Cookies perform several functions, such as remembering who you are on a particular site (your welcome message) and keeping you logged in to your account screen on an ecommerce site, (however, you should always log out if you are using a public computer).
Website owners use cookies to follow which pages that you’ve read so that they can see what parts of the site are popular or not.
Most cookies are “session cookies”, meaning that they are automatically deleted from your hard drive at the end of a session.
You are always free to decline our cookies if your browser permits, although doing so may interfere with your use of some of our sites or services.
You may encounter cookies from third parties on certain pages of the sites that we do not control. (For example, if you view a web page created by another user, there may be a cookie placed by that web page.)
Opting out of cookies?
There are a number of options available so that you do not have to store any cookies at all.
GENERAL NOTE: It’s worth bearing in mind that if you decide to delete all of your cookies, then it is probable that you would have to re-enter all of your usernames and passwords on all of the sites that you visit each time that you visit them.
If you would like extra information and advice about cookies, please look at the website of the Information Commissioner’s Office
(http://www.ico.gov.uk/ )
EQUALITY & DIVERSITY POLICY
1) Introduction
Norma Lewis Training is an equal opportunity business, taking into account the diversity within both the workforce and our Clients. You will not be discriminated against, or treated less favourably in any way on the grounds of your religion, beliefs, age, gender, race, disability, or sexual orientation.
2) Commitment to Equality & Diversity
The Equality & Diversity Policy will be followed by everyone who works, is linked to, and associated with, Norma Lewis Training, and who is working for them.
3) Employees’ Responsibilities
All of our employees and people who associate with us in a work capacity must adhere to and comply with this Policy and the spirit in which it is written. Everyone is expected to treat colleagues, Clients and Applicants with courtesy, respect and consideration at all times.
4) Norma Lewis is responsible for the implementation and effective operation of this policy which is permanently displayed on the website www.normalewistraining.co.uk
5) Your Rights & Responsibilities
While you can expect to be treated with respect, courtesy and consideration at all times by Norma Lewis and any person associated with Norma Lewis Nannies in any work capacity, we expect you to treat us in the same way.
7) Complaints
In the event that a Client or Applicant wishes to complain about discrimination by Norma Lewis Training, in the first instance, the complaint should be put in writing to Norma Lewis, and an effort made to resolve any situation. Should it prove necessary, you would be free to take legal advice.