1.1. British Gypsum and Isover are trading names for Saint-Gobain Construction Products UK Limited (company number 734396) and Celotex (company number 10442670)(“British Gypsum”). Registered: Saint-Gobain House, East Leake, Loughborough, Leicestershire. LE12 6JU.
1.2. The following constitute the terms and conditions to which applicants agree when booking any standard British Gypsum face-to-face training (“Terms & Conditions”).
1.3. If you are agreeing to these Terms & Conditions not as an individual but on behalf of your company or other legal entity, then “Customer” or “you” or “your” shall refer to such entity and its affiliates, and you represent that you have the authority to bind such entity and its affiliates to these Terms & Conditions and you are binding your company to these Terms & Conditions.
1.4. British Gypsum and you shall each be referred to as a “party” and together as the “parties” in this agreement. If you do not have such authority, or if you do not agree with these Terms & Conditions, you must not accept these Terms & Conditions and may not use the documentation, whether printed are available online, provided by British Gypsum in relation to the training (“Training Material”).
1.5. British Gypsum reserves the right to review and update these Terms & conditions periodically at its sole discretion.
1.6. BY ACCEPTING THIS AGREEMENT, EITHER BY CLICKING A BOX INDICATING YOUR ACCEPTANCE OR BY EXECUTING AN ORDER FORM THAT REFERENCES THIS AGREEMENT, OR BY USING OR ACCESSING BRITISH GYPSUM TRAINING MATERIAL, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT.
1.7. These Terms & Conditions apply when you book onto a course offered by British Gypsum, in conjunction with the policy documents that exist for British Gypsum https://www.british-gypsum.com/policies.
2.1. Standard face-to-face training courses can be booked via the British Gypsum training website. On submission of your booking, you will receive an automated summary email of your selection. British Gypsum will accept your offer by entering your booking onto the British Gypsum system and sending you an email confirming that you have been booked together with information on starting your learning.
2.2. Custom training engagements can also be provided. Please contact the Build Better Academy for more information.
2.3. Descriptions of our courses on the website and in literature are for illustrative purposes only. Although we have made every effort to describe the content accurately, we cannot guarantee that courses or materials will be exactly as described. This may be due to slight differences in venue, tutor training methods or changes in the law and/or practice between when you placed your order and when you receive the training.
3.1. You agree to pay us the course fee. Course fees are quoted in pounds sterling, excluding VAT, however, VAT is payable.
3.2. Course fees can be paid at the point of booking via the British Gypsum training website https://britishgypsum.arlo.co/w/ or by phone (calling 0844 561 8810). Please note that if you do not provide accurate details (including type of card and number) or if your credit card company does not authorise payment, your application will be deemed void. British Gypsum will not accept any liability for costs incurred as a result of applications deemed void in this manner.
3.3. When your order has been received and accepted these terms become a legally binding contract between us.
3.4. All courses need to be paid for in full at time of booking.
3.5. A VAT invoice will be sent to you within five working days of us accepting your order.
3.6. Incidental expenses, e.g. for travel and overnight accommodation, are not included in the fee and must be borne by the Customer.
4. CANCELLATION, TRANSFERS AND SUBSTITUTIONS
4.1. We reserve the right to cancel or arrange an alternative date for a course. In such circumstances, we will endeavour to provide five working days’ notice of cancellation or change to you, unless the problem is urgent due to an emergency or illness.
4.2. In the event of cancellation, you will be entitled to a full refund of the course fee, but we shall not be liable for any other loss or expense arising.
4.3. You may cancel the course booking by notifying us as soon as reasonably practicable. You shall also be deemed to have cancelled the course booking if the delegate does not attend the event.
4.4. You shall be liable to pay a cancellation fee as follows:
|Number of Days’ Notice
|Proportion of Course Fee Payable
|0 – 14 Working Days
4.5. We will endeavour to accommodate email or telephone requests to substitute one delegate for another but we are under no obligation to do so. Such requests are subject to the replacement delegate meeting the pre-requisites for the course.
4.6. All cancellation or transfer requests should be made to the British Gypsum Build Better Academy by emailing firstname.lastname@example.org . Refunds will be made within 14 working days back onto the card where payment was made.
4.7. British Gypsum, Isover or Celotex will not be held liable for any transport or accommodation costs in the unlikely event of a course being cancelled.
4.8. We cannot give refunds for delegates who fail to attend for whatever reason.
5. YOUR OBLIGATIONS
5.1. You must comply with all health and safety rules and regulations and any other reasonable security requirements that apply at the premises at which the training courses are provided.
5.2. You must comply with instructions and directions given by staff, stewards and agents of the venue and us and any applicable policies and procedures of which you are notified.
5.3. British Gypsum reserves the right to remove any delegate from a training course whose behaviour is deemed inappropriate by British Gypsum or its trainers. In these circumstances, British Gypsum will neither refund any fees nor reimburse any other costs.
5.4. You agree that the information that you provide to us on registration and at all other times will be true, accurate, current and complete and you agree that you will ensure it is kept accurate and up to date at all times. We may refuse to accept your application to register as a delegate for any reason in our absolute discretion.
6.1. British Gypsum shall provide such trainers to present the training course as it, in its sole discretion, deems fit and British Gypsum shall be entitled at any time to substitute any trainer with any other person who, in British Gypsum’s sole discretion, it deems suitably qualified to present the relevant course.
6.2. The total liability of British Gypsum, on all claims of any kind, whether in contract, warranty, indemnity, tort (including negligence), strict liability, or otherwise, arising out of or related to these Terms & Conditions, or its performance or breach, shall not exceed the price paid by the Customer for the course in respect of which the claim is made.
6.3. In no event shall British Gypsum or its subcontractors be liable for any loss of profits, or goodwill or for any special or indirect or consequential damages arising under these Terms & Conditions in delivering the course(s).
7. INTELLECTUAL PROPERTY & PHOTOGRAPHY AND VIDEO
7.1. Save as expressly set out in these Terms & Conditions, you may not modify, copy, reproduce, re-publish, upload, post, link, transmit or distribute in any way any of the Training Materials. Any use of the Training Materials not expressly permitted in these Terms & Conditions is strictly prohibited and will constitute an infringement of either our copyright or our other intellectual property rights, and / or the copyright or other intellectual property rights of our licensors.
7.2. On occasions, British Gypsum takes photographs and videos which may be used to help promote our courses (both online and in print). By booking on to a course you are confirming that you are aware of this and have no objections to your image or voice appearing in any material issued by British Gypsum after the course. However, if for any reason you do not wish British Gypsum to use your image or voice in any material issued after the course please notify us.
7.3. Recording and photography by delegates is not permitted at any British Gypsum courses or events.
8.1. Except as otherwise set forth in these Terms & Conditions, each party may disclose to the other party certain confidential information under these Terms & Conditions. Each party agrees that all code, inventions, know-how, business, technical and financial information or any information specifically designated as confidential or that would be understood to be confidential or proprietary by a reasonable person disclosed to such party (“Receiving Party”) by the disclosing party ("Disclosing Party") constitute the confidential property of the Disclosing Party ("Confidential Information").
8.2. Any British Gypsum technology, any commercial terms (including pricing) of these Terms & Conditions and any performance information relating to the products shall be deemed Confidential Information of British Gypsum without any marking or further designation. Except as expressly authorised herein, the Receiving Party will use (and will ensure that its employees, affiliates, agents, contractors and any approved third parties use) reasonable efforts (which shall be no less than the efforts used to protect its own confidential information of a similar nature) to prevent the disclosure of any Disclosing Party’s Confidential Information for any purpose other than providing the training contemplated by these Terms & Conditions unless authorised by the Disclosing Party.
8.3. The Receiving Party's nondisclosure obligation shall not apply to information which the Receiving Party can document: (i) was rightfully in its possession or known to it prior to receipt of the Confidential Information; (ii) is or has become public knowledge through no fault of the Receiving Party; (iii) is rightfully obtained by the Receiving Party from a third party without breach of any confidentiality obligation; or (iv) is independently developed by employees of the Receiving Party who had no access to such information. The Receiving Party may also disclose Confidential Information if so required pursuant to a regulation, law or court order (but only to the minimum extent required to comply with such regulation or order and with advance notice to the Disclosing Party).
9. DATA PROTECTION
9.1. All information provided by you under these Terms & Conditions will be treated in accordance with the British Gypsum Privacy Statement which should be read in conjunction with these Terms & Conditions.
9.2. We may store the information you have provided and we may ask you to confirm your personal details to ensure they are accurate. The information you submit will not be kept for any longer than is needed. The length of time will depend upon whether we have a business need for keeping the information and/or if the law requires that We keep the information for a particular length of time.
9.3. Information you provide on the delegate booking form may be used by our employees, officers, representatives or sub-contractors where necessary for the purpose of administering the course, to improve the services we provide and, unless you have chosen to opt out, to inform you via email of future news, events and other relevant activity.
9.4. As you have provided personal information, we need you to consent to the processing of this data. By submitting your booking, you are agreeing to us and/or our sub-contractors processing this data as described above.
10. EVENTS OUTSIDE OF OUR CONTROL (FORCE MAJEURE)
10.1. In the event that we cannot carry out our obligations due to something beyond our control, such as but not limited to acts of God; war; acts of terrorism; airline flight cancellations; strikes or lock-outs by third party organisations; flood; and failure of third parties to deliver goods or services, we shall be relieved of our obligations and liabilities.
11. RIGHTS OF THIRD PARTIES
11.1. The parties do not intend that any term of these Terms & Conditions will be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person who is not a party to it.
12. WAIVER & SEVERABILITY
12.1. No waiver by British Gypsum of any breach of these Terms & Conditions by you shall be considered as a waiver of any subsequent breach of the same or any other provision.
12.2. If it is found by a Court that any of these Terms & Conditions for any reason cannot be enforced, this shall not prevent the other provisions from continuing to apply.
13.1. All contracts, including these Terms & Conditions, between British Gypsum and you shall be governed and construed in accordance with English law and all disputes arising in relation to such Contracts shall be submitted to the exclusive jurisdiction of the English courts save that British Gypsum retains the right to take proceedings in any other court of competent jurisdiction.