Please read these Terms and Conditions and make sure you understand them.  They set out the agreement between you (the Customer) and HWGTA for your purchase of HWGTA training courses and training materials, which includes printed materials and online content.
By choosing to buy a course on our website, or by booking onto a course by our Booking Form, you agree to these terms and conditions.

Contact Details:
Telephone: 01432 377000 / 01905 729993
Email: info@hwgta.org or finance@hwgta.org

  1. APPLICATION
    1. These terms and conditions shall apply to the provision of the Training by HWGTA to the Customer.
  2. INTERPRETATION
    1. In these Terms and Conditions the following expressions shall have the following meanings:
      • Agreement: these Terms and Conditions and the order or instruction to provide training; or completed Online Booking Process.
      • HWGTA: Herefordshire & Worcestershire Group Training Association, the training provider, registered with Companies House as Herefordshire Group Training Association Limited.
      • Charges: the charges payable by the Customer for the Training in accordance with clause 6 (Charges and payment).
      • Delegate(s): an individual or representative scheduled by the Customer to attend the training.
      • Customer: the person or firm who purchases the Training from HWGTA.
      • Customer Data: the data provided by the Customer for the purpose of facilitating the Training.
      • Data Protection Legislation: means:
        • The General Data Protection Regulation (GDPR), the Data Protection Act 2018, the Privacy and Electronic Communications (EC Directive) Regulations 2003; and
        • any other legislation in force from time to time relating to privacy and/or the Processing of Personal Data and applicable to the provision and receipt of Training under these Terms and Conditions; and any statutory codes of practice issued by the Information Commissioner in relation to such legislation.
      • Personal Data: has the meaning given to it in the Data Protection Legislation.
      • Proposal: The proposal document or quotation sent by HWGTA to Customer, following an indication by Customer that it wishes to obtain training services from HWGTA, setting out the details of the Training to be provided and the basis upon which HWGTA proposes to provide them.
      • Processing: has the meaning given to it in the Data Protection Legislation.
      • Training: the training to be supplied by HWGTA to the Customer as described in the proposal, quotation or as part of the Online Booking Process. For the purpose of these Terms and Conditions, Training may also refer to Exams.
      • Training Materials: any materials or documents provided by HWGTA as part of the Training.
    2. A reference to a statute or statutory provision is a reference to it as amended or re-enacted. A reference to a statute or statutory provision includes all subordinate legislation made under that statute or statutory provision.
  3. BASIS OF THESE TERMS AND CONDITIONS
    1. These Terms and Conditions shall come into effect when either:
      1. Customer completes the Online Booking Process; or
      2. Upon receipt by HWGTA of a course booking request, or purchase order, at which point these Terms and Conditions shall be deemed incorporated into the contract.
    2. Any descriptive matter or advertising issued by HWGTA, and any descriptions contained in HWGTA's catalogues, brochures or on their website, are issued or published for the sole purpose of giving an approximate idea of the Training described in them. They shall not form part of these Terms and Conditions nor have any contractual force.
    3. These Terms and Conditions apply to the exclusion of any other terms that the Customer seeks to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
    4. Any Proposal is only valid for acceptance for a period of 30 calendar days from its date of issue.
  4. SUPPLY OF THE TRAINING
    1. HWGTA shall use reasonable endeavours to supply the Training to the Customer in accordance with these Terms and Conditions in all material respects but reserves the right to change the course content of any Training Course at any time and without notice.
    2. HWGTA shall use reasonable endeavours to meet any specified training dates, but any such dates shall be anticipated dates only and may be subject to alteration.
    3. HWGTA reserves the right to amend the Agreement to comply with any applicable law or regulatory requirement, or if the amendment will not materially affect the nature or quality of the Training, and HWGTA shall notify the Customer in any such event.
    4. Notwithstanding the above sub-clauses, HWGTA reserves the right to cancel Training at any time, without incurring additional liability to the Customer or any Delegates. In such circumstances, HWGTA will offer (at its sole discretion) alternative dates, a full refund, or a credit note.
  5. CUSTOMER'S OBLIGATIONS
    1. The Customer shall:
      1. co-operate with HWGTA in all matters relating to the Training;
      2. provide HWGTA, its employees, agents, consultants and subcontractors, with any information which may reasonably be required by HWGTA in the organisation of the Training, including, but not limited to, details in respect of the Delegate(s) and ensure that such information is complete and accurate in all material respects; and
      3. where Training is being delivered at its premises, provide HWGTA with (i) access, training space and any equipment necessary for the delivery of the Training; and (ii) such facilities as are reasonably notified to the Customer in advance.
  6. CHARGES AND PAYMENT
    1. Unless otherwise stated in the Proposal, the Charges for the Training shall be calculated on a per session per Delegate basis.
    2. The Customer shall pay either: On agreed credit account any invoice submitted by HWGTA will be paid within 30 calendar days of the date of the invoice to a bank account provided on the invoice by HWGTA In advance by online payment facility through the online booking system. In advance by card payment facility via telephone (call 01432 377026 to make payment) In advance by bank transfer (call 01432 377026 for arrangements).
    3. Failure by the Customer to pay any Charges when they fall due may (at HWGTA's discretion) result in:
      1. the Delegates' place on the Training being withdrawn;
      2. HWGTA ceasing to provide the Training; and/or
      3. HWGTA withholding any certification due to the Delegates from the Training.
    4. Without prejudice to any other right or remedy that it may have, if the Customer fails to pay HWGTA any sum due under this Agreement on the due date:
      1. the Customer shall pay interest on the overdue sum from the due date until payment of the overdue sum, whether before or after judgment. Interest under this clause will accrue each day at 4% a year above the Bank of England’s base rate from time to time.
    5. All sums payable to HWGTA under this agreement:
      1. are not eligible for VAT and therefore VAT will not be charged.
      2. shall be paid in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
  7. CANCELLATION
    1. The Customer may cancel Training or Exam bookings on more than two weeks’ notice to HWGTA without charge. Cancellations must be provided in writing to the HWGTA administration team. If training is cancelled within two weeks the following charges will apply: Within two weeks of the course or exam start date = 50% of fees Within one week of the course or exam start date = 100% of fees Transfer of your training course booking to another delegate may be possible by arrangement. Transfer of your exam booking to another date may be possible by arrangment.
    2. Training may only be cancelled by the Customer in accordance with clause 7.1. If a Customer or Delegates fail to attend all or part of any Training, full payment of the Charges shall be required.
    3. Your rights if HWGTA cancel a booking:
      1. Wherever possible, HWGTA will contact you in advance to tell you we will be cancelling a booking, unless an emergency requires us to cancel the booking on the day.
      2. HWGTA reserve the right to cancel or postpone bookings if there are insufficient delegate numbers to ensure a high quality training experience or if a trainer is ill.
      3. In the event that HWGTA cancel or postpone a booking, we will offer you a place on the next available event. Alternatively, you may ask for a refund which shall be made in accordance with Clause 6.4 (b).
    4. Refunds
      1. Where an Event is cancelled pursuant to Clause 7.1 you shall be entitled to a refund of the fees for that booking within 14 days beginning with the day on which we agree that you are entitled to a refund.
      2. Where an Event is cancelled pursuant to Clause 7.3 we will refund your fees for the booking but not any other expenses (for example; hotel or rail fares). Your refund of booking fees will be paid within 14 days beginning with the day on which we agree that you are entitled to a refund.
      3. Where you transfer to a replacement event and the fee is less than the original booking we will refund the difference as soon as possible but in any event within 14 days beginning with the day on which we agree that you are entitled to a refund.
  8. INTELLECTUAL PROPERTY RIGHTS
    1. All intellectual property rights in or arising out of or in connection with the Training, including any associated Training Materials shall be owned by HWGTA.
    2. No reproductions, scans or copies (wholly or in part) shall be made of the Training Material without the prior written consent of HWGTA.
  9. CUSTOMER DATA
    1. Each party warrants that for the purposes of this Agreement it shall comply with the provisions of the Data Protection Legislation.
  10. LIMITATION OF LIABILITY
    1. Nothing in these Terms and Conditions limits any liability which cannot legally be limited, including, but not limited to, liability for:
      1. death or personal injury caused by negligence;
      2. fraud or fraudulent misrepresentation; and
      3. breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession).
    2. Subject to clause 10.1:
      1. HWGTA shall not be liable whether in tort (including for negligence or breach of statutory duty), contract, misrepresentation, restitution or otherwise for any loss of profits, loss of business, loss of income, depletion of goodwill and/or similar losses or loss or corruption of data or information, or pure economic loss, or for any special, indirect or consequential loss, costs, damages, charges or expenses however arising;
      2. HWGTA's total aggregate liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the Agreement shall be limited to the total Charges paid for the Training.
    3. The terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3 and 4 of the Supply of Goods and Services Act 1982 are, to the fullest extent permitted by law, excluded from these Terms and Conditions.
    4. This clause 10 shall survive termination of the Agreement.
  11. CONFIDENTIALITY
    1. Each party may be given access to confidential information from the other party in order to perform its obligations under the Agreement. A party's confidential information shall not be deemed to include information that:
      1. is or becomes publicly known other than through any act or omission of the receiving party;
      2. was in the other party's lawful possession before the disclosure;
      3. is lawfully disclosed to the receiving party by a third party without restriction on disclosure; or
      4. is independently developed by the other party, which independent development can be shown by written evidence.
    2. Subject to clause 11.3, each party shall hold the other's confidential information in confidence and not make the other's confidential information available to any third party or use the other's confidential information for any purpose other than the implementation of the Agreement.
    3. A party may disclose confidential information to the extent such confidential information is required to be disclosed by law, by any governmental or other regulatory authority or by a court or other authority of competent jurisdiction, provided that, to the extent it is legally permitted to do so, it gives the other party as much notice of such disclosure as possible and, where notice of disclosure is not prohibited and is given in accordance with this clause 11.3, it takes into account the reasonable requests of the other party in relation to the content of such disclosure.
    4. The Customer acknowledges that its information may be used by HWGTA on an anonymous basis without limitation including compiling and publishing reports.
    5. The above provisions of this clause 11 shall survive termination of the Agreement, however arising.
  12. TERMINATION
    1. Without affecting any other right or remedy available to it, either party to the Agreement may terminate it with immediate effect by giving written notice to the other party if:
      1. the other party commits a material breach of any term of the Agreement which breach is irremediable or (if such breach is remediable) fails to remedy that breach within a period of 30 calendar days after being notified in writing to do so;
      2. the other party takes any step or action in connection with its entering administration, provisional liquidation, bankruptcy or any composition or arrangement with its creditors (other than in relation to a solvent restructuring), being wound up (whether voluntarily or by order of the court, unless for the purpose of a solvent restructuring), having a receiver appointed to any of its assets or ceasing to carry on business or, if the step or action is taken in another jurisdiction, in connection with any analogous procedure in the relevant jurisdiction;
      3. the other party suspends, or threatens to suspend, or ceases or threatens to cease to carry on all or a substantial part of its business; or
      4. the other party's financial position deteriorates to such an extent that in the terminating party's opinion the other party's capability to adequately fulfil its obligations under the Agreement has been placed in jeopardy.
    2. Without affecting any other right or remedy available to it, HWGTA may terminate the Agreement with immediate effect by giving written notice to the Customer if the Customer fails to pay any amount due under the Agreement on the due date for payment
  13. CONSEQUENCES OF TERMINATION
    1. On termination of the Agreement:
      1. the Customer shall return any of the Training Materials which have not been fully paid for; and
      2. any provision of the Agreement that expressly or by implication is intended to come into or continue in force on or after termination of the Agreement shall remain in full force and effect.
    2. Termination of the Agreement shall not affect any of the rights, remedies, obligations or liabilities of the parties that have accrued up to the date of termination, including the right to claim damages in respect of any breach of the Agreement which existed at or before the date of termination.
  14. FORCE MAJEURE HWGTA shall have no liability to the Customer under the Agreement if it is prevented from or delayed in performing its obligations under the Agreement, or from carrying on its business, by acts, events, omissions or accidents beyond its reasonable control, including, without limitation, strikes, lock-outs or other industrial disputes (whether involving the workforce of HWGTA or any other party), failure of a utility service or transport or telecommunications network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or sub-contractors, provided that the Customer is notified of such an event and its expected duration.
  15. GOVERNING LAW The Agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
  16. JURISDICTION Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with the Agreement or its subject matter or formation (including non-contractual disputes or claims).