Terms and Conditions

Terms and Conditions

Your use of the website, optimaltraining.net (hereinafter referred to as “Optimal Training Ltd”) and services are governed by the following terms and conditions as applicable to Optimal Training Ltd. By mere use of our website, you will be contracting with Optimal Training Ltd and these terms and conditions constitute your binding obligations.

When you use the services provided by Optimal Training Ltd, you will be subject to the rules, guidelines, policies, terms and conditions applicable to such service, and they shall be deemed to be incorporated into this Terms of use and shall be considered as part and parcel of this Terms of use. Optimal Training Ltd reserves the right, at its sole discretion to change, modify, add or remove portions of these Terms of use, anytime. It is your responsibility to check these Terms of use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of use, Optimal Training Ltd grants you a personal, non-exclusive, non-transferrable, limited privilege to enter and use the Site.

MEMBERSHIP ELIGIBILITY

Use of the Optimal Training Ltd Website is available only to persons who can form legally binding contracts under the English governing laws. If you are a minor i.e. under the age of 18 years, you shall not use Optimal Training Ltd website.

INTELLECTUAL PROPERTY

Our Services and associated content (and any derivative works or enhancements of the same) including, but not limited to, all text, illustrations, files, images, software, scripts, graphics, photos, sounds, music, videos, information, content, materials, products, services, URLs, technology, documentation, and interactive features included with or available through our Services and all intellectual property rights to the same, including, without limitation, all trademarks, service marks, trade names and trade dress that may appear in our Services are owned by us, our licensors, our affiliates, or identified third parties (collectively, the “Service Content”). Except for the limited use rights granted to you in these Terms of Use, you shall not acquire any right, title or interest in our Services or any Service Content. Any rights not expressly granted in these Terms of Use are expressly reserved.

ACCESS AND USE

Our Services are provided for your personal, non-commercial use only. You acknowledge that Optimal Training Ltd reserves the right to discontinue the Services, in whole or in part, at any time. When using our Services, you agree to comply with all applicable federal, state, and local laws including, without limitation, copyright law. Except as expressly permitted in these Terms of Use or as we may otherwise permit, you may not use, reproduce, duplicate, distribute, create derivative works based upon, publicly display, publicly perform, publish, transmit, or otherwise exploit Service Content for any purpose whatsoever without obtaining prior written consent from us or, in the case third-party content, its applicable owner. In certain instances, we may suggest, ask or otherwise permit you to download, install or print Service Content. In such a case, you may do so only in the manner authorized and for your non-commercial use only. You acknowledge that you do not acquire any ownership rights by downloading, installing or printing Service Content.

(C) Furthermore, except as expressly permitted in these Terms of Use, you may not:

  1. remove, alter, cover, or distort any copyright, trademark, or other proprietary rights notice we include in or through our Services or Service Content;
  2. circumvent, disable or otherwise interfere with our security-related features including, without limitation, any features that prevent or restrict the use of or copying of any Service Content;
  3. use an automatic device (such as a robot or spider) or manual process to copy or “scrape” the Website or Service Content for any purpose without our express written permission. Notwithstanding the foregoing, Optimal Training Ltd grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. Optimal Training Ltd reserves the right to revoke these exceptions either generally or in specific cases;
  4. collect or harvest any personally identifiable information or non-personally identifiable information from our Services including, without limitation, user names, passwords, email addresses;
  5. attempt to or interfere with the proper working of our Services or impair, overburden, or disable the same;
  6. encourage conduct that violates any local, state or federal law, either civil or criminal, or impersonate another user, person, or entity (e.g., using another person’s Membership (as defined below));
  7. engage in any conduct that restricts or inhibits any other user from using or enjoying our Services.
  8. You agree to fully cooperate with us to investigate any suspected or actual activity that is in breach of these Terms of Use.

FEES

Fees are valid for 30 days from the date of quotation. On receipt of a booking Optimal will confirm in writing/email the agreed fee(s) with the client. Invoices will be raised on receipt of the booking form or completion of the services ordered.

Optimal reserves the right to withhold certificates until all outstanding fees have been paid.

Fees are payable in full no later than 30 days from the date of invoice. Optimal understands and will exercise its statutory right to interest and compensation for debt recovery costs under the late payment legislation if we are not paid according to the agreed credit terms.

Fees for In-house training (i.e. at the chosen venue of the Client) are quoted per course with a minimum of 4 and maximum of 12 delegates per course All course fees include the cost of Optimal administration, documentation, use of equipment, all course notes, use of training materials and certification.

Fees for In-house courses in excess of 30 miles (return) of Optimal Training offices are subject to the addition of travel expenses for the instructor(s) and where appropriate assessors, at a rate to be agreed in writing/email with the client prior to training commencing.

Where appropriate fees will be subject to the addition of accommodation expenses on a basis of one-night accommodation per day of training. Accommodation will be arranged by and paid for by the client.

CANCELLATION.

Optimal Training Ltd reserves the right to cancel the dates or alter services but will endeavor to give as much notice as possible. In the event of a cancellation, Optimal Training Ltd will try and transfer the booking to the next mutually convenient date unless the client states otherwise. If the booking is canceled by the client the following fees will be payable:

Calendar days’ notice before the start date of the course Refund applicable
29 calendar days or more Full refund minus deposit
Between 15 to 28 calendar days 50% refund minus deposit
Between 1 and 14 calendar days , No refund will be given
Failure to attend Treated as late cancellation and no refund given

You may transfer to another of our courses or an alternative date at any point up to 2 weeks prior to the course date. Less than 2 weeks in advance you will be charged an administrative fee of £30.

If you do not attend a course and have not previously informed us, the full course fee remains payable.

If you arrive late for a course or are absent from any session, we reserve the right to refuse to accept you for training if we feel you will gain insufficient knowledge or skill in the time remaining. In all such cases, the full course fee remains payable. (To conform with Health & Safety Executive requirements for Statutory Certificates, attendance at all sessions is mandatory.)

SUITABILITY.

Delegates selected for training must be those who are reliable and likely to remain calm in an emergency. In addition, they should have the aptitude and ability to cope with an intense course of study and be able to use the knowledge and skills learned during the course. For certain courses, delegates must not suffer from any medical or other condition which would restrict their ability to undertake practical work which can be an essential part of the training. If a delegate is considered unsuitable in the opinion of Optimal instructor(s), with due consultation the delegate may be asked to leave the course. In this event, Optimal reserves the right to charge the fee for that delegate.

PROPERTY OF ACTIVE.

Any equipment and training materials supplied by Optimal remain the property of Optimal, apart from free issue course notes and other such material, which will be clearly identified. All such material is Copyright and no copying or publishing of any part of it is permitted without the written permission of Optimal unless stated otherwise.

INSURANCE.

Optimal carries public liability insurance to a limit of £5,000,000.00 for any one incident. All property provided by and used by Optimal on courses is insured against accidental damage. The Client is required to ensure any equipment provided for In-house training against accidental damage.

HEALTH AND SAFETY.

The Client is required to ensure compliance with any Legislation, Regulation, Code of Practice or Guidance laid down by the Health and Safety Executive with regard to the suitability of premises provided for courses at a Client provided venue. Optimal will request details of the course venue (e.g. training room size) before course confirmation. Optimal

Training has produced full risk assessments pertaining to training courses that they undertake, and all instructors undertake a dynamic risk assessment of at all venues. Where appropriate, delegates will be advised of any possible hazards which may be present during the course of training and procedures they should adopt to eliminate or minimize the risks pertaining to the hazards.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless Optimal Training Ltd and its officers, directors, employees, parents, partners, successors, agents, distribution partners, affiliates, subsidiaries, and their related companies (collectively, the “Optimal Training Ltd Parties”) from and against any and all claims, liabilities, losses, damages, obligations, costs and expenses (including reasonable attorneys’ fees and costs) arising out of, related to, or that may arise in connection with: (i) your use of our Services; (ii) User Content provided by you; (iii) any actual or alleged violation or breach by you of these Terms of Use; (iv) any actual or alleged breach of any representation, warranty, or covenant that you have made to us; or (v) your acts or omissions. You agree to cooperate fully with us in the defense of any claim that is the subject of your obligations hereunder.

DISCLAIMER OF WARRANTIES

(A) YOU EXPRESSLY AGREE THAT USE OF OUR SERVICES IS AT YOUR SOLE RISK. OUR SERVICES AND SERVICE CONTENT (INCLUDING SOFTWARE) ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING AND TO THE FULLEST EXTENT PERMITTED BY LAW, THE Optimal Training Ltd PARTIES DISCLAIM ANY AND ALL WARRANTIES INCLUDING ANY: (1) WARRANTIES THAT OUR SERVICES WILL MEET YOUR REQUIREMENTS; (2) WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, SECURITY, USEFULNESS, TIMELINESS, OR INFORMATIONAL CONTENT OF OUR SERVICES OR SERVICE CONTENT; (3) WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE; (4) WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED OR ACCESSED THROUGH OUR SERVICES; (5) WARRANTIES CONCERNING THE ACCURACY OR RELIABILITY OF THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF OUR SERVICES; (6) WARRANTIES THAT YOUR USE OF OUR SERVICES WILL BE SECURE OR UNINTERRUPTED; AND (7) WARRANTIES THAT ERRORS IN OUR SERVICES OR SERVICE CONTENT (INCLUDING SOFTWARE) WILL BE CORRECTED.

LIMITATION ON LIABILITY

(A) UNDER NO CIRCUMSTANCES SHALL ANY OF THE Optimal Training Ltd PARTIES BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF, RELATING TO, OR IN ANY WAY CONNECTED WITH OUR SERVICES OR THESE TERMS OF USE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH OUR SERVICES INCLUDING, WITHOUT LIMITATION, SERVICE CONTENT IS TO STOP USING OUR SERVICES. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF GOODS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH OUR SERVICES OR ANY LINKS PLACED IN OUR SERVICES, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH OUR SERVICES OR ANY LINKS PLACED IN OUR SERVICES. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY CONTENT POSTED BY A THIRD-PARTY OR CONDUCT OF A THIRD-PARTY USING OUR SERVICES.

(B) NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT SHALL THE CUMULATIVE LIABILITY OF ALL OF THE Optimal Training Ltd PARTIES EXCEED THE LESSER OF THE TOTAL PAYMENTS RECEIVED FROM YOU BY Optimal Training Ltd DURING THE PRECEDING TWELVE (12) MONTH PERIOD OR $100. FURTHERMORE, YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF, RELATING TO, OR IN ANY WAY CONNECTED WITH ANY OF OUR SERVICES OR THESE TERMS OF USE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.

AMENDMENT; ADDITIONAL TERMS

(A) We reserve the right in our sole discretion and at any time and for any reason, to modify or discontinue any aspect or feature of our Services or to modify these Terms of Use. In addition, we reserve the right to provide you with operating rules or additional terms that may govern your use of our Services generally, unique of our Services, or both (“Additional Terms”). To the extent any Additional Terms conflict with these Terms of Use, the Additional Terms will control.

(B) Modifications to these Terms of Use or Additional Terms will be effective immediately upon notice, either by posting on the Website, notification by email or through any of our Applications. It is your responsibility to review the Terms of Use from time to time for any changes or Additional Terms. Your access and use of our Services following any modification of these Terms of Use or the provision of Additional Terms will signify your assent to and acceptance of the same. If you object to any subsequent revision to the Terms of Use or to any Additional Terms, immediately discontinue use of our Services and, if applicable, terminate your Membership.

LAW AND JURISDICTION

A contract under these terms and conditions shall be governed by and construed in accordance with English law. Any disputes relating to a contract under these terms and conditions shall be subject to the non-exclusive jurisdiction of the courts of England.