Terms of Business
This is an important section on the site explaining the terms of business you are agreeing to when you use
www.ckfoodsafety.co.uk. By using the website you agree to be bound by these terms of business and any other guidelines or rules applicable to this service. If you are uncertain you can always contact us through the contacts page.
CUSTOMER CARE POLICY
Our commitments is to ensure that your experience with CK Food Safety is of the highest quality.
If for any reason you are unhappy with any part of our service, please do contact us at your earliest convenience.
Any complaints will be dealt with fairly, confidentially and speedily.
Please e mail us, if you require a copy of the complaints and appeals procedure.
All complaints and appeals will be acknowledged within 10 days.
1.1 “Customer” means the individual or organisation who buys or agrees to buy services, training and e-learning courses from the Supplier;
1.2 “Supplier” means CK Food Safety
1.3 “Consumer” shall have the meaning ascribed in section 12 of the Unfair Contract Terms Act 1977;
1.4 “Contract” means the contract between the Supplier and the Customer for the sale and purchase of training E-learning courses or consultancy incorporating these Terms and Conditions;
1.5 “E-learning courses” means learning courses delivered by electronic means to the Customer who agrees to buy from the Supplier;
1.6 “Training Courses” means courses that are held in a classroom training environment which can include bespoke and in house courses.
1.7 “Terms and Conditions” means the terms and conditions of sale set out in this document and any special terms and conditions agreed in writing by the Supplier.
2.1 Nothing in these Terms and Conditions shall affect the Customer’s statutory rights as a Consumer.
2.2 These Terms and Conditions shall apply to all contracts for the sale of training courses and consultancy by the Supplier to the Customer and shall prevail over any other documentation or communication from the Customer.
2.3 Acceptance of delivery of the Training courses and consultancy shall be deemed conclusive evidence of the Customer’s acceptance of these Terms and Conditions.
2.4 Any variation to these Terms and Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Supplier.
2.5 The Supplier shall use all reasonable endeavours to complete the services within estimated time frames but time shall not be of the essence in the performance of any services.
3.1 All orders for training courses and consultancy shall be deemed to be an offer by the Customer to purchase them pursuant to these Terms and Conditions and are subject to acceptance by the Supplier. The Supplier may choose not to accept an order for any reason.
3.2 E-learning course are subject to the terms and conditions stated on www.foodsafetyonline.org.uk
4 PRICE AND PAYMENT
4.1 The price of the training courses, E-learning course and consultancy shall be that stipulated on the Supplier’s Website or given as a written quote.
4.2 After the order is received the Supplier shall confirm by email the details, description and price for the training or consultancy together with information on the right to cancel if the customer is a consumer.
4.3 Invoiced amounts shall be due upon receipt of invoice unless otherwise agreed.
4.4 If the contract be cancelled prior to the training course(s) commencing a fee of 50% of the cost of the training courses will be payable by the Customer to the Supplier dependent upon the notice period given.
5 RIGHTS OF SUPPLIER
5.1 The Supplier reserves the right to withdraw any training,e-learning course or consultancy from the website at any time.
5.2 The Supplier reserves the right to adjust the price and specification of any item on the website at its discretion.
5.3 The Supplier shall not be liable to anyone for withdrawing any training, E-learning course or consultancy from the Website or for refusing to process an order.
6 CANCELLATION POLICY
6.1 Once we have received your booking you will be liable for the whole fee unless we receive written notification of cancellation. For bookings cancelled under two weeks before a course is due to start, 50% of the course fees paid will be refunded or credited to another course. No refund will be made once the course has started, except in exceptional circumstances and then only at the discretion of the Supplier. Once access to the e-learning course has been made by the customer then no refund will be payable.
6.2 If a trainer fails to attend then a full refund for the course booked will be given.
6.3 All courses – No refund will be made for non attendance on a course. In the event of a cancellation of a course by CK Food Safety, we will endeavour to inform all participants as soon as possible. All course fees paid will be reimbursed in full, but we are unable to reimburse any other costs which have been incurred.
7 ALTERATIONS TO THE COURSES
7.1 The supplier reserves the right to change the specification of any training course at any time. Notice will be given to the Customer who will have the option of cancelling the course and obtain a full refund.
8.1 The Supplier warrants that the courses provided under this Agreement shall be provided using reasonable skill and care, and of a quality conforming to generally accepted and industry standards and practices.
8.2 Without prejudice to Clause 7.1, and except as expressly stated in this Agreement, all warranties whether express or implied, by operation of law or otherwise, are hereby excluded in relation to the courses to be provided by the Supplier.
10.1 The Customer shall indemnify the Supplier against all claims, costs and expenses which the Supplier may incur and which arise, directly or indirectly, from the Customer’s breach of any of its obligations under this Agreement, including any claims brought against the Supplier alleging that any courses or consultancy provided by the Supplier infringes a patent, copyright or trade secret or other similar right of a third party.
11 USE OF THE WEB SITE
11.1 Your use of the Website constitutes your agreement to all Terms, Conditions and Notices contained herein or otherwise posted on the Website. If you do not accept any of the provisions of the Terms and Conditions, do not use the Website.
11.2 All rights are reserved. Publication or distribution for commercial purpose of any information contained on the site is expressly forbidden without the prior written consent of CK Food Safety.
All material and information on the site is protected by international copyright and similar rights.
13 INTELLECTUAL PROPERTY RIGHT
13.1 An Intellectual Property Rights produced from or arising as a result of the performance of this Agreement shall, so far as not already vested, become the absolute property of the Supplier, and the Customer shall do all that is reasonable to ensure that such rights vest in the Supplier by the execution of appropriate instruments or the making of agreements with third parties.
14 LIMITED WARRANTIES
14.1 We do not warrant the completeness or accuracy of the information published on this website; nor do we commit to ensuring that the website remains available or that the material on the website is kept up to date.
14.2 To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to this website and the use of this website (including, without limitation, any warranties implied by law in respect of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill).
15 LIMITATION OF LIABILITY
15.1 Except as may be implied by law where the Customer is dealing as a Consumer, in the event of any breach of these Terms and Conditions by the Supplier the remedies of the Customer shall be limited to damages and the Supplier shall under no circumstances be liable for any indirect, incidental or consequential loss or damage whatever. This limit does not apply to any liability we may have for death or personal injury resulting from our negligence or for our fraudulent misrepresentation.
15.2 Nothing in these Terms and Conditions shall exclude or limit the liability of the Supplier for death or personal injury resulting from the negligence of the Supplier or that of the Supplier’s agents, employees or sub-contractors.
The failure by either party to enforce at any time or for any period any one or more of the Terms and Conditions herein shall not be a waiver of them or of the right at any time subsequently to enforce all Terms and Conditions of this Agreement.
16 FORCE MAJEURE
The Supplier shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, , the act or omission of government, highway authorities or any telecommunications carrier, operator or administration or other competent authority, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the Supplier shall be entitled to a reasonable extension of its obligations.
The Customer shall not be entitled to assign its rights or obligations or delegate its duties under this Agreement without the prior written consent of the Supplier.
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 herein shall continue in full force and effect as if this Agreement had been agreed with the invalid illegal unenforceable provision eliminated.
19 CHANGES TO TERMS AND CONDITIONS
The Supplier shall be entitled to alter these Terms and Conditions at any time, but this right shall not affect the existing Terms and Conditions accepted by the Customer upon making a purchase.
20 NO THIRD PARTIES
Nothing in this Agreement is intended to, nor shall it confer any rights on a third party.
23.1 Any notice to be given by either party to the other may be served by email, personal service or by post to the address of the other party given in the Service Specification or such other address as such party may from time to time have communicated to the other in writing, and if sent by email shall unless the contrary is proved be deemed to be received on the day it was sent, if given by letter shall be deemed to have been served at the time at which the letter was delivered personally or if sent by post shall be deemed to have been delivered in the ordinary course of post.
23 ENTIRE AGREEMENT
This Agreement contains the entire agreement between the parties relating to the subject matter and supersedes any previous agreements, arrangements, undertakings or proposals, oral or written. Unless expressly provided elsewhere in this Agreement, this Agreement may be varied only by a document signed by both parties
24 GOVERNING LAW AND JURISDICTION
These Terms and Conditions shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English Courts.