Terms & Conditions
Terms & Conditions
Copyright notice
This website and its content are copyright of Prospect Training Services (Gloucester) Ltd - © Prospect Training Services (Gloucester) Ltd 2018. All rights reserved.
Any redistribution or reproduction of part or all of the contents in any form is prohibited.
You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system.
Website usage terms and conditions
Welcome to our website. If you continue to browse and use this website, you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern Prospect Training Services (Gloucester) Ltd’s relationship with you in relation to this website. If you disagree with any part of these terms and conditions, please do not use our website.
The term ‘Prospect Training Services (Gloucester) Ltd’ or ‘us’ or ‘we’ refers to the owner of the website whose registered office is Unit 3, Ambrose House, Meteor Court, Barnett Way, Barnwood, Gloucester, GL4 3GG. Our England company registration number is 4127004. The term ‘you’ refers to the user or viewer of our website.
The use of this website is subject to the following terms of use:
- The content of the pages of this website is for your general information and use only. It is subject to change without notice.
- This website uses cookies to monitor browsing preferences. If you do allow cookies to be used, some personal information may be stored by us for use by third parties.
- Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
- Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
- This website contains material and resources which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance, intellectual property and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
- All trademarks reproduced in this website, which are not the property of, or licensed to the operator, are acknowledged on the website.
- Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.
- From time to time, this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
- Your use of this website and any dispute arising out of such use of the website is subject to the laws of England, Northern Ireland, Scotland and Wales.
iObserve
“iObserve” shall mean PC/Desktop, tablet and all subsequent versions of the product.
The user is responsible for the management of their data and recording. iObserve®, and its parent company Prospect Training Services (Gloucester) Ltd., accepts no responsibility or liability for the amount of space used by recordings, the recording content and its use. Users are responsible for managing the space/memory on their device(s) to ensure an appropriate amount of free space for recordings is available.
Subscriptions/Licences for 12 month subscriptions/licence to iObserve is paid for in advance for the 52 week term and will run until cancelled by either party. The subscription/licence commencement date is that of the date of purchase and multiple subscriptions/licences can be purchased. iObserve will automatically stop working at the date of renewal, if the renewal fee has not been paid.
To cancel your subscription please write to us 30 days prior to the end of your subscription/licence at: help@iobserve-app.com stating that you wish to unsubscribe from the product. This must be done within the term and must be a minimum of 30 days prior to the end of the contract. Failure to unsubscribe within this timeframe will lead to an automatic renewal of the subscription/licence and you will be charged accordingly.
Website disclaimer
The information contained in this website is for general information purposes only. The information is provided by Prospect Training Services (Gloucester) Ltd and while we endeavour to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.
In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website.
Through this website you are able to link to other websites which are not under the control of Prospect Training Services (Gloucester) Ltd. We have no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.
Every effort is made to keep the website up and running smoothly. However, Prospect Training Services (Gloucester) Ltd takes no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.
Business privacy policy
This Privacy Notice sets out how Prospect Training Services (Gloucester) Ltd uses and protects any information that you give Prospect Training Services (Gloucester) Ltd when you use this website.
Prospect Training Services (Gloucester) Ltd is committed to ensuring that your privacy is protected. Should we ask you to provide certain information by which you can be identified when using this website, then you can be assured that it will only be used in accordance with this Privacy Notice.
Prospect Training Services (Gloucester) Ltd may change this Notice from time to time by updating this page. You should check this page from time to time to ensure that you are happy with any changes. This Notice is effective from 25/05/2018.
Our Lawful Basis for holding and processing your data
When you supply your personal information it may be stored and processed for one or more of the following reasons:
1. Where there is legitimate interest to perform a service that you have requested e.g. replying to product/course request information.
2. Where you have provided consent to allow us to use your personal data for the purpose of direct marketing, promotions, special offers and further training opportunities.
3. Where processing is necessary for the performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract.
What we collect
We may collect the following information:
• Name and job title
• Contact information including email address
• Demographic information such as postcode, preferences and interests
• Other information relevant to customer surveys and/or offers
What we do with the information we gather
We require this information to understand your needs and provide you with a better service, and in particular for the following reasons:
• Internal record keeping
• We may use the information to improve our products and services
• We may periodically send promotional emails about new products, special offers or other information which we think you may find interesting using the email address which you have provided.
• From time to time, we may also use your information to contact you for market research purposes. We may contact you by email, phone, text or email. We may use the information to customise the website according to you interests.
You can view our Contract Privacy Notice here.
Links to other websites
Our website may contain links to other websites of interest. However, once you have used these links to leave our site, you should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this Privacy Notice. You should exercise caution and look at the Privacy Notice applicable to the website in question.
Controlling your personal information
You may choose to restrict the collection or use of your personal information in the following ways:
• Whenever you are asked to fill in a form on the website, you will be guaranteed a reply in relation to your enquiry/query.
• In order for us to contact you for direct marketing purposes you must indicate using the opt in or opt out boxes.
If you have agreed to us using your personal information for direct marketing purposes prior to 25/05/18 you will still need to update your details at enquiries@prospect-training.org.uk or follow the link here which will ensure you opt in to future correspondence.
• If you have agreed to us using your personal information for direct marketing purposes, you may change your mind at any time by writing to or emailing us at enquiries@prospect-training.org.uk.
• We may process your information for our legitimate business interest to provide you with information about education and training opportunities, events, services and PTS products which we feel may interest you. You have the right to object to this processing and if you wish to do so, please contact us to unsubscribe here.
Security
We are committed to ensuring that your information is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online.
We will not sell, distribute or lease your personal information to third parties unless we have your permission or are required by law to do so.
You may request details of personal information which we hold about you under the General Data Protection Regulation (GDPR) 2018. If you would like a copy of the information held on you please write to Prospect Training Services (Gloucester) Ltd, C4 Brunel Court, Waterwells Business Park, Gloucester, GL2 2AL.
If you believe that any information we are holding on you is incorrect or incomplete, please write to or email us as soon as possible, at the above address. We will promptly correct any information found to be incorrect.
Terms and Conditions for the Supply of Training Courses – Unsubsidised – "T&Cs"
1. Interpretation
1.1 The following definition and rules of interpretation apply to these T&Cs:
1.1.1 “Application Form” shall mean the online application form for a Candidate to apply to PTS to enrol on a Training Course;
1.1.2 “Candidate” shall mean the person who applies to enrol on a Training Course by submitting the Application Form or by authorising a third party to submit on their behalf;
1.1.3 “Contract” shall mean the contract between PTS and the Candidate for the supply of the Services incorporating these T&Cs;
1.1.4 “Fees” shall mean the cost stipulated on the Application Form for the Training Course selected by the Candidate, excluding any card handling or processing charge which shall be paid in addition to the Fee;
1.1.5 “Services” shall mean the services of PTS in delivering the Training Course to the Candidate pursuant to a Contract;
1.1.6 “Training Course” shall mean the training course and software run and supplied by PTS, selected by the Candidate on the Application Form and which is designated on the Application Form as falling into one of the following categories:
1.1.6.1 “Parenting Courses”
1.1.6.2 “Courses”
1.1.6.3 “Online Training Courses”
1.1.6.4 “Online Training Courses USA”
1.1.6.5 “Parenting Courses USA”
1.1.6.6 “Courses USA”
1.1.6.7 “Maths & English”
1.1.6.8 "iObserve"
1.1.7 “PTS” shall mean Prospect Training Services Gloucester Limited, company number: 4127004 whose registered office is at Brunel House George Street, Gloucester GL1 1BZ; and
1.1.8 “Working Days” shall mean Monday to Friday excluding Bank and Public Holidays.
1.2 A reference to any particular law is the reference to it as it is in force for the time being taking account of any amendment, extension, application or re-enactment and include any sub-ordinate legislation for the time being in force made under it.
1.3 Words in the singular include the plural and vice versa and reference to one gender includes reference to the other gender.
1.4 Headings in these T&Cs are for convenience only and will not affect the interpretation of these T&Cs.
2. Application of T&Cs
2.1 The Candidate must indicate acceptance of these T&Cs by submitting the online Application Form to PTS.
2.2 Subject to any variation under condition 2.3, the Services shall be provided on these T&Cs only.
2.3 These T&Cs apply to all Services and any variation to them shall have no effect unless expressly agreed in writing and signed by PTS. The Candidate acknowledges that he/she has not relied on any statement, promise or representation made or given by or on behalf of PTS.
2.4 Each Application Form submitted to PTS shall be deemed to be an offer by the Candidate to enrol for a Training Course and to receive the Services.
2.5 No Application Form submitted by the Candidate shall be deemed to be accepted until an electronic acceptance is issued by PTS.
2.6 The Candidate shall ensure that the information he/she has provided on the Application Form is complete and accurate.
3. Candidate’s commitment
3.1 In relation to the Training Course, the Candidate agrees that he/she will:
3.1.1 attend and participate in 100% of all activities prescribed by PTS from time to time;
3.1.2 use his/her best endeavours to learn all new information provided to him/her during delivery of the Services;
3.1.3 respect and show consideration for all other persons receiving the Services and all staff delivering the Services;
3.1.4 be physically fit to the extent necessary for participation in the Training Course; and
3.1.5 submit his/her written assignments within the deadlines set by PTS from time to time.
3.2 The Candidate agrees that PTS may film aspects of the Services from time to time for training purposes.
3.3 The Candidate agrees to a Disclosure and Baring Service check being made against his/her name by or on behalf of PTS if required.
4. Delivery of the Services
4.1 Those parts of the Training Course that require the Candidate to attend tutorials or other training sessions at a training centre will take place at such venue as PTS may stipulate from time to time.
4.2 Any date specified by PTS for delivery of the Service is intended to be an estimate and time shall not be of the essence in any circumstance.
4.3 PTS will deliver the Services exercising reasonable care and skill.
4.4 PTS may deliver the Services in separate instalments.
5. Fees, Refunds and Right of Cancellation
5.1 The appropriate Fee for the selected Training Course must be paid to PTS in full by the Candidate when the Application Form is submitted. PTS will reimburse the Candidate in full for the Fee paid if the Candidate’s application is rejected.
5.2 At any time prior to the commencement of a Training Course, PTS shall have the right to cancel the Training Course by giving the Candidate as much written notice as is reasonable in all the circumstances. In the event of such cancellation, PTS will reimburse the Candidate in full for the Fee paid.
5.3 Right of cancellation:
5.3.1 Unless the exception below applies, the Candidate has the right to cancel the Contract within 14 days without giving any reason.
5.3.2 The cancellation period will expire 14 days after the day on which PTS issued its acceptance.
5.3.3 To exercise the right to cancel, the Candidate must inform PTS of the decision to cancel by a clear statement (e.g. a letter sent by post, fax or email). The Candidate may use the attached model cancellation form, but it is not obligatory.
5.3.4 To meet the cancellation deadline, it is sufficient for the Candidate to send the communication of the right to cancel before the cancellation period has expired.
5.3.5 If the Candidate cancels the Contract, PTS will reimburse the Candidate (or any third party who made payment on behalf of the Candidate). All payments received and the reimbursement will be made without undue delay and not later than 14 days after the day on which PTS is informed about the Candidate’s decision to cancel the Contract. Reimbursement will be made using the same means of payment as used for the initial transaction, unless the Candidate has expressly agreed otherwise. In any event, the Candidate will not incur any fees as a result of the reimbursement.
5.3.6 Exception – the right of cancellation does not apply where the Service has been fully performed within the 14 day cancellation period and the performance of the Service began after a request by the Candidate accompanied by an acknowledgment that the Candidate would lose the right to cancel once the Contract had been fully performed.
5.3.7 Where following the express request of the Candidate, the Service has commenced within the 14 day cancellation period, PTS shall be entitled to charge the Candidate for the supply of the Services for the period ending with the time when PTS is informed of the Candidate’s decision to cancel and calculated as a proportion of the total Fees payable under the Contract.
5.4 In addition to the cancellation rights under condition 5.3 (and without in any way limiting the Candidate’s cancellation rights under condition 5.3), the Candidate shall have the right to cancel the Contract at any time prior to the commencement of the relevant Training Course by giving written notice to PTS. Provided the Candidate has paid the whole of the Fee at the time the cancellation notice is received by PTS, PTS will refund the following relevant percentage of the Fee (calculated from the day PTS received, or is deemed to have received, the notice):-
Training Course, Notice Period & Amount of Refunded Fee
Parenting Courses
60 days or more - 100%
59 to 30 days - 50%
29 days or less - Nil
Courses
14 days or more - 100%
13 to 7 days - 50%
6 days or less - Nil
Online Training Courses
14 days or more - 100%
13 to 7 days - 50%
6 days or less - Nil
Online Training Courses USA
14 days or more - 100%
13 to 7 days - 50%
6 days or less - Nil
Parenting Courses USA
14 days or more - 100%
13 to 7 days - 50%
6 days or less - Nil
Courses USA
14 days or more - 100%
13 to 7 days - 50%
6 days or less - Nil
Maths and English
14 days or more - 100%
13 to 7 days - 50%
6 days or less - Nil
iObserve
0-14 days from purchase – 100%
15 days or more from purchase - Nil
5.5 Unwanted goods must be returned in a fully resaleable condition and any tags and packaging must be intact. We reserve the right to refuse an exchange or refund if goods are not returned in a saleable condition or are damaged.
6. Termination
6.1 PTS may (without limiting any other remedy) at any time terminate the Contract by giving written notice to the Candidate if the Candidate commits any breach of the Contract and (if capable of remedy) fails to remedy the breach within thirty (30) days after being required by written notice to do so. No refund of the Fee will be made by PTS to the Candidate in the event of such termination.
7. Liability of PTS
7.1 All warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from the Contract.
7.2 Nothing in the Contract excludes or limits the liability of PTS for:
7.2.1 death or personal injury caused by PTS’s negligence; or
7.2.2 any matter which it would illegal for PTS to exclude or attempt to exclude its liability for; or
7.2.3 fraud or fraudulent misrepresentation.
7.3 Any liability of PTS for non-delivery of the Services (or any part thereof) shall be limited to replacement of the Services within a reasonable time.
7.4 Subject to condition 7.2, PTS shall not be liable for any indirect or consequential loss, cost, damages, charges or expenses suffered or incurred by the Candidate because of any breach of the Contract by PTS.
8. Assignment and sub-contracting
8.1 The Candidate shall not be entitled to assign the Contract or any part of it without the prior written consent of PTS.
9. Unforeseen Circumstances
9.1 PTS reserves the right to defer the date of delivery of the Services if it is prevented from or delayed in carrying out any of its business due to circumstances beyond the reasonable control of PTS including, without limitation, acts of God, governmental actions, war or national emergency, acts of terrorism, protests, riots, civil commotion, fire, explosion, flood, epidemic, lock-out, strikes or any other labour disputes, or restraints or delays effecting carriers or inability or delay in obtaining supplies of adequate or suitable materials.
10. General Provisions
10.1 All notices regarding the Contract shall be sent electronically to the parties’ respective addresses as set out in the Contract. Notices shall be deemed to have been received on the day of dispatch unless an immediate “delivery failure” notice is received by the sender.
10.2 Each right or remedy under the Contract is without prejudice to any other right or remedy whether under the Contract or not.
10.3 If any provision of the Contract is found by any court, tribunal, or administrative body of competent jurisdiction to be wholly or partly illegal, invalid, void, voidable, unenforceable or unreasonable it shall to the extent of such illegality, invalidity, voidness, voidability, unenforceability or unreasonableness be deemed severable and the remaining provisions of the Contract and the remainder of such provisions shall continue in full force and effect.
10.4 Failure or delay by PTS in enforcing or partially enforcing any provision of the Contract shall not be construed as a waiver or any of its right under the Contract.
10.5 Any waiver by PTS of any breach of, or any default under, any provision of the Contract by the Candidate shall not be deemed a waiver of any subsequent breach or default and shall in no way effect the other terms of the Contract.
10.6 The parties under the Contract do not intend that any term of the Contract shall be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any party that is not a party to it.
10.7 Formation, existence, construction, performance, validity and all aspects of the Contract shall be governed by the law of Wales and England and the parties submit to the exclusive jurisdiction of the courts of Wales and England.