Terms & Conditions for Avant-Garde Learning & Development

CONDITIONS AND TERMS FOR AVANT-GARDE LEARNING & DEVELOPMENT

1. ABOUT US

We are Avant-Garde Learning & Development Company Ltd.

 You can contact us by telephone on 07492 945814, via email at info@avant-gardelearning.co.uk. 

We will contact you using the phone number or email address provided at the time of booking. If these details change after booking, it is your responsibility to ensure you inform us.

Our registered company number is: NI699597

2. ABOUT OUR TERMS

2.1 These terms and conditions should be read in full as they explain who we are, how we contact you, how we provide our training services, what to do if you need to change a booking and your obligation as a Learner or facilitator of Learners.

2.2 These terms apply once a booking has been made, either over the phone, by email or online. Once we accept your booking, an email confirmation is sent. If you do not receive an email confirmation, it is your responsibility to contact us and inform us.

2.3 Throughout these terms, we will use the following definitions:
• Training Service: The service provided to you and often referred to as “the training course or programme”.
• Learner or candidate: The person or persons booking or undertaking training services with Avant-Garde Learning.
• Trainer or instructor: Person delivering the course. This may be an employee of Avant-Garde Learning or a sub-contractor.
• Booking: Requesting or paying for training services either over the phone, by email, invoice or via the website.
• In-House: Training provided on-site at a client’s venue or place of work.
• Open Venue: Training provided at an Avant-Garde training centre.

2.4 Are you a business customer or a consumer? You may have different rights under these terms. You are defined as a business customer if you are buying training services from us in connection with your trade, business, craft or profession. You are defined as a consumer if you are buying training services wholly or mainly for your personal use and not in connection with your trade, business, craft or profession.

3. SUITABILITY, TRAINING ASSESSMENT AND BEHAVIOUR ON OUR COURSES

3.1 Avant-Garde Learning has an Equality, Diversity & Inclusion policy and we welcome Learners with disabilities, however, it is the employer’s or Learners responsibility to ensure they are competent and capable to deliver/ given the support to perform, the duties contained within the training service to the approved standards outlined by the organisational standards & procedures policy, the training/awarding body, the regulator, the relevant code of professional practice and the Health & Safety Executive (HSE). Learners must be aged 16 or over. We do not accept anyone under the age of 16 on our courses.

3.2 Some training can be physically demanding. First aid training and the use of moving & handling equipment requires a level of physical mobility and learners must be able to meet the assessment criteria by demonstrating their skills during practical course assessment. They must be able to kneel on the floor to administer CPR and put a casualty into the recovery position and they must have the physical dexterity and strength to assist a resident into a moving aid – sling/hoist – and move the resident/hoist while maintaining the safety and wellbeing of the resident at all times. Unfortunately, we are unable to certificate a learner is they do not complete all practical assessments as per the above criteria.

3.3 Learners need to have and display a basic comment of English (defined as Level 2) to complete any training. Learners with a limited command of English are advised to contact us to discuss any arrangements that can be made.

3.4 Learners must fully participate in all elements of the training course to receive a certificate. Learners who fail to attend the full teaching hours or fail to participate/engage in any aspect of the training requirement or fail to complete assigned work within the given timescale will be unable to continue the training. We will refer this decision to the person booking the training course of this outcome.

A referred learner will not receive any certification. To receive certification, learners will be required to attend further training at their own cost. We are not required to give notice of a downgrade or fail and it is the responsibility of the learner to ensure the full course is completed within given time scales.

3.5 Where training is provided as blended learning or in blocks, the learner must attend all sessions and complete all delegated assignments within the allocated timescale.

3.6 The learner must ensure they have the correct IT equipment and software to enable them to attend and participate fully in any on-line sessions. It is not the responsibility of Avant-Garde Learning to provide, maintain or ensure suitability of any IT equipment needed to participate in any session. Where the Learner is attending an on-line session/presentation, the camera must remain on with the Learner in view at all times. If the camera is off or the learner is absent from their screen and out of sight of the trainer, the learner will not have met with the requirements of the training and no certification can be given. The learner will be required to attend another session, if possible, at their own cost to receive certification.

3.7 It is the responsibility of the client to select suitable persons to train to become first aiders in the workplace, be a ‘train the trainer’ or be a ‘champion’ in the organisation. It is the client’s responsibility to ensure learners have the support, skill set, competence, and capability to understand and implement and update their learning safely within their organisation.

3.8 The client, prior to training, agrees to make Avant-Garde Learning aware of any special considerations that may need to take place. The client should be deemed to be responsible and operate with transparency in all interactions.

We reserve the right to cancel a course or refuse course entry or ask a Learner to leave a course in these events:

• Requested information regarding Learners has not been provided to us within the timescale requested. This will impact on the trainer’s preparation time and the Learner timescale in ensuring the correct documents and preparations are in place prior to the commencement of the course (this is a requirement particularly for OSCE training)
• Full payment for the course has not been received.
• A Learner is not named on the booking form.
• The Learner does not have or demonstrate a level of understanding, or the skill set necessary to competently complete and deliver any aspect of the training being delivered.
• The Learner does not arrive on time, they leave during the course or are absent during the course.
• They are deemed to be behaving inappropriately or disrespectfully.
• They refuse to participate in elements of the training.
• They are under the influence of drugs and/or alcohol.
• They use foul or abusive language.
• They do not present requested information/work within set timescales.

No refunds will be given in any of the circumstances listed above.

4. TRAINING ROOM SUITABILITY

4.1 Trainers are to advise us if they believe the training venue does not meet our Guidelines and the resources are not as described and/ or available to facilitate delivery of the training.

When training at a client’s venue the Client agrees to make adequate training space available and ensure Learners registered are available for the duration of the training and are undisturbed during the training period.

The resources required are:

• Housekeeping information and alarm notices for our trainers.
• Access to a photocopier, if necessary.
• 40sq metres of clear floor space – per learner group. This space can vary to accommodate the training being delivered.
• Safe access to wall sockets.
• A clear wall for projecting
• Chairs for Learners.
• Table and chair for trainer (s)
• IPC equipment for Learner’s use.
• OSCE face to face preparation only-a profiling bed may be required- this will be communicated by Avant-Garde Learning if this is a requirement.
• All learners should bring their own stationary/pens etc for documenting.

Mobile phones/recording devices will not permitted into the training room.

5. BOOKING A COURSE

5.1 A course can be booked online via our website, or booking platform where available, by phone or by email. On receipt of booking, we will send you an email confirming the details of the course and will attach a booking form for completion and return within 72hours for business customers. Customers will receive a confirmation document with details of the course and requirements of entry. If you do not receive this email and content, it is your responsibility to contact us and let us know. This is a contractual requirement.

5.2 If you fail to attend a course due to not having received the course details or not being briefed by the person who booked the course, you will not receive a refund.

5.3 It is your responsibility to book the correct course to meet you or your business’s needs. We are not responsible if you book the wrong course. It is also your responsibility to ensure you, or your learners arrive at the training centre/on-line platform, at least 10 minutes before the training start time.

5.4 If you need to make any changes to the course, please contact us as soon as possible and we can advise you on what changes may be possible.

5.5 Sometimes we may need to make changes to a course. If this happens, we will notify you by phone or email and either refund you in full or, where learning materials have been issued and/or completed, we will move you onto another course.

5.6 All customer bookings must be paid in full at the time of booking by bacs transfer to Avant-Garde’s account. All business customers must pay in full 30 days before the commencement of the training. If payment is not received as stated, the training will be cancelled and you will be billed for administration and any travel time/mileage to inspect your venue and its suitability if relevant.

5.7 Avant-Garde reserve the right to cancel your training course or future training without notice or refund, if full payment is not made as stated in clause 5.6.

6. E-LEARNING

6.1 If a course with an E-learning element is booked, the E-learning must be completed within a given time-frame of any practical training day, see clause
3.6.

6.2 You will be issued with an E-learning code which will be sent at the time of booking if appropriate. It is the Learners responsibility to inform us if they do not receive the login code.

6.3 Avant-Garde will be able to audit a Learners E-learning activity and as part of our quality checks we reserve the right to call a Learner who is active on E-learning at any time, to confirm their identity.

7. CANCELLATIONS, REFUNDS AND COURSE AMENDMENTS

Cancellation rights will depend on whether you are a consumer or a business Customer.

7.1 If you are a consumer (you have purchased our service for wholly non-work related reasons) you may be entitled to a full refund if you are within the 14 day cooling off period. This period commences on the date you receive our email confirming your booking. If you have already started any element of this course within the 14 day cooling off period, you are not eligible for a refund.

7.2 If you are a business customer (buying training services in connection with your trade, business, craft or profession):

More than 4 weeks before the course date:

• You can cancel in writing with a full refund
• You can transfer to another available course date free of charge
• You can transfer the course to another individual on completion of an amended booking form which has been approved by Avant-Garde Learning.

Between 4 and 2 weeks before the course date:

• You can cancel with a 50% refund.
• You can transfer to another available course free of charge.

Less than 2 weeks before the course date:

• No refunds will be given

7.3 Once a course has been amended, transferred or cancelled no further refunds or course options will be available

7.4 A course cannot be transferred or cancelled once any part of the training has started, which includes the completion of any pre-OSCE documentation.

7.5 Transfer fees must be paid prior to the start time of the existing course.

7.6 Force Majeure – Where a course is cancelled due to Force Majeure (circumstances reasonable beyond the control of Avant-Garde Learning), i.e., war, riots, floods, pandemics/epidemics, including Covid-19 breakouts, winter flu, D & V outbreaks, prolonged shortages of energy supply, explosions, strikes, lockouts, acts of state of government control impeding or prohibiting Avant-Garde from performing its obligations, requirements from trainers regulatory bodies. Avant-Garde will provide comparable training to the consumer at a mutually agreed date within 12 months of the course cancellation. No refunds will be issued where courses are cancelled due to Force Majeure and no transfer fees will be charged.

7.7 If you lose or state you did not receive your certificate, which we can identify as being sent, you will be asked to pay a £15 re-certification cost.

8. INTELLECTUAL PROPERTY RIGHTS AND CONFIDENTIAL INFORMATION

8.1 Materials distributed during a training course:

• We may distribute materials during a training course that you may take away with you for reference and learning purposes. All intellectual property rights to any such materials are owned by us.

8.2 Retention of our intellectual property:

• Participation in the training course does not confer any intellectual property rights – by implication or other – on you, to use, alter, copy or otherwise deal with any of symbols, trademarks, logos and/or intellectual property of Avant-Garde Learning or in the materials referred to in clause 8.1

8.3 Confidential information:

• In the event that we disclose any confidential information to you, you agree that you shall not, at any time, disclose to any person any such confidential information, except what may be required by law, court order or any governmental or regulatory authority.

9. HOW WE USE YOUR DATA

Please refer to our Privacy and Data Processing Policy.

10. OTHER IMPORTANT TERMS

10.1 Avant-Garde Learning & Development Company Ltd agrees to provide training services to the Client and the Client agrees to engage the services of the Company.

10.2 These Terms constitute the contact between the Company and the Client and are accepted by the Client upon signature and return of the Terms by the Client to the Company. In the event that the Client fails to return the Terms, the Terms are deemed to be accepted by the Client upon booking.

10.3 These Terms contain the entire agreement between the parties and unless otherwise agreed in writing by a Director of the Company, these Terms prevail over any other Terms of Business or purchase conditions put forward by the Client.

10.4 No variation of, or alteration to, these Terms shall be valid unless agreed by the Company and the Client. The details of any variation shall be notified to the Client by the Company in writing (which will include email) as soon as reasonably practicable and such document (or email) shall state the date on or after which such varied terms shall apply.

10.5 As per HSE guidelines 1 Trainer is permitted to train up to a maximum of 12 Learners, (dependent on subject matter). Where more than 12 Learners will be attending, extra resources will be required, and course fees will increase. The Trainer will decide the number of Learners permitted during OSCE training to ensure the training is person centred, focused, and facilitates engagement.

10.6 The Client agrees to give the Company a list of Learners due to attend any training course a minimum of 7 days prior to the training date. The Company reserves the right to turn away any extra Learners not named on the course list. The booking form must be fully completed with this information included.

10.7 All content within a course is provided for general information only and should not be treated as a substitute for the medical advice of a doctor or any other healthcare professional. Avant-Garde Learning is not responsible or liable for any diagnosis made by a user based on the content of the course. Avant-Garde will not be responsible or liable for the practice of any Learner.

Learners are responsible for their own practice in accordance with their codes of practice. The Client is responsible for determining the competency and capability of their staff. Always consult a GP or other relevant healthcare professional is you are in any way concerned about the health & wellbeing of anyone under your care.

10.8 Avant-Garde reserve the right to decline booking requests.

10.9 Complaints:

• If a client is unsatisfied with any of the training provided during the Course of the programme, they should contact Avant-Garde Learning as soon as possible to register their complaint.
• All complaints or enquiries of this nature are investigated, managed and resolved in line with Avant-Garde Complaints & Appeals Policy.

11. LIMITATIONS OF LIABILITY

11.1 Except in respect of death or personal injury caused by the negligence of Avant-garde Learning, Avant-Garde Learning shall not be liable by reason of any representation (unless fraudulent) or implied warranty, condition or other term, or any duty at common law or under these Terms and Conditions, for any loss of profit or any indirect special or consequential loss, costs, expenses or other claims for compensation.

11.2 Avant-Garde Learning’s entire liability to the customer under or in connection with the Contract and the provision of services shall not exceed the sum of twice the price paid by the Customer for the Services. nothing in this paragraph is intended to exclude any liability on the part of Avant-Garde for fraud.

12. GOVERNING LAW

These terms and conditions and any order which the customer places with Avant-Garde Learning & Development Ltd to which these Terms & Conditions Apply shall be governed by and construed in accordance with the laws of Northern Ireland and England.