The terms and conditions prevailing at the time of your booking
Services: The Services are as described in McPherson’s confirmation of booking. McPherson makes every effort to describe the Services accurately and agrees to provide the Services with all the care and skill to be expected of a qualified and competent contractor experienced in undertaking services of the same kind as the Services. It is your sole responsibility prior to purchasing any Services from us is to read the course description and pre-requisites for any of the Services booked by you in order to ensure that they are suitable for your purposes. In particular you acknowledge and agree that by entering into this contract with us that you do not rely on any statement, representation, assurance or warranty that is not set out in these Terms and Conditions. Any representation, condition or warranty which might be implied or incorporated into these Terms and Conditions by statute, common law or otherwise is excluded to the fullest extent permitted by law.
How to book: You can book by email to firstname.lastname@example.org or by calling McPherson Training on 01343 541211.
Booking confirmation: Once we have processed your booking, we will send you a confirmation email and an invoice. Your place is guaranteed only when your deposit has been received and you have received a booking confirmation. At this point, your booking is placed and these Terms & Conditions are applicable to the booking. If no email has been received, please check any Junk mailboxes or Spam filters for the email and if still not received then please call McPherson Training on 01343 541211.
Payment: We require a non-refundable deposit, which will usually be 25% of the vat inclusive course fee. You will be advised of the exact amount of the deposit at time of booking and the deposit must be paid in full at the time of booking to secure your place. We require payment of the balance of the vat inclusive course fee plus any exam fee on or before the first day of training. Payment can be made by BACS (Bank Transfer) to: McPherson Training RBS Sort Code 83-49-40 Account number 00732366. We also accept debit and credit card payments and cheques. Please quote invoice number in any correspondence.
Prices: Course fees include tuition on the day/days and relevant course materials. Physical Training course prices also include tea, coffee and water. Prices will be confirmed at the point of booking. No contract will be entered into until we have confirmed the price and it has been accepted. Prices will not change after the point of booking (except exam fees) once a deposit payment has been received. Where exam or awarding body registration fees, which are outside of our control, change after booking then any increase will be passed on to you and must be paid before the course commences. If you decide to cancel the course because of an increased exam/registration fee, no refund of deposits paid will be given.
Cancelling your place: If you notify McPherson Training in writing (via email or letter) up to 14 days before the start date of a course, and where we issue you with a written (usually by email) confirmation of cancellation, then you will receive a full refund less your deposit. It is your responsibility to make sure that you receive a confirmation of cancellation from us. Under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, you have a right to cancel within 14 days of entering into a contract with us and receive a full refund. If you wish to start the course within this cancellation period, you will need to provide us with written confirmation that you wish to waive your rights to a full refund. If you withdraw for whatever reason within the 14 days of the start date then the full fee will remain payable.
Non-attendance: If you fail to attend the course on which you are booked without giving at least 14 days prior notice to McPherson Training, we will be unable to refund the course fees or offer a transfer.
Guided learning hours: You must ensure that you attend every hour of the course on which you are booked. Our course content is designed to meet the criteria set out by the relevant awarding bodies. Failure to attend all the guided learning hours could result in you not gaining the relevant qualification.
Warranties: McPherson warrant that the services provided under these terms will be provided with reasonable skill and care. You warrant and represent to us that: (a) you are legally capable of entering into binding contracts, and you have full authority, power and capacity to agree to these booking terms; (b) the information provided in or in connection with your booking request is accurate and complete; (c) you will be able to attend the McPherson training course at the time and in the place advertised; (d) you meet the pre-requisites and qualification criteria for attending the Driver CPC Training Course (e) you are resident of the European Union.
Guarantees: McPherson will not guarantee any customer will pass any test, examination or competence certificate. If during the test, examination or competency demonstration you do not meet the standards required by the governing body applicable to that skill, McPherson Training cannot be held responsible.
Cancellation by McPherson: Where circumstances dictate, McPherson reserves the right to alter published programmes, trainers, fees or venues without prior notice. In the event of a course being cancelled, a refund of the course fee will be made but no compensation will be paid for any additional costs incurred.
Language: All courses and exams/tests will be conducted in English.
Complaints Procedure: In the unlikely event that you wish to complain about any aspect of our service then our complaints procedure can be requested via email@example.com.
Law applicable: These Terms and Conditions will be governed by and construed in accordance with Scots law, and the courts of Scotland will have exclusive jurisdiction to adjudicate any dispute arising under or in relation to these online booking terms.
Liability: Nothing in this contract excludes or limits or attempts to exclude or limit the liability of either party for death or personal injury caused as a result of negligence or for fraudulent misrepresentation.
Subject to the foregoing McPherson will be under no liability to you whatsoever (whether in contract, delict (including negligence), breach of statutory duty, restitution or otherwise) for any damage or direct or indirect consequential loss (all three of which terms include without limitation pure economic loss, loss of profits, loss of business, loss of opportunity, loss of goodwill and like loss) howsoever caused.
Subject to the clauses in the two paragraphs immediately above, McPherson’s aggregate liability under this Contract (whether in contract, tort (including negligence), breach of statutory duty, restitution or otherwise) for any damage or direct or indirect consequential loss (all three of which terms include without limitation pure economic loss, loss of profits, loss of business, depletion of goodwill and like loss) howsoever caused will be limited to the amount paid for the Services concerned.
Intellectual property: McPherson confirms that it owns or has all necessary rights in the use of all intellectual property in relation to the Services. All such intellectual property shall remain the property of, or the rights in the use of, shall remain with McPherson unless otherwise agreed in writing between the parties. In particular for the avoidance of doubt all training materials produced by McPherson as part of the Services are solely for your use and may not be copied, distributed or otherwise reproduced by you without our express written consent.
PHYSICAL TRAINING COURSES
Venues: Details of the specific venue will be sent in the joining instructions for all training courses requiring physical attendance from the delegate.
Dress code: We have no formal dress code. However, safety shoes and long-legged trousers/jeans or leggings should be worn for driving/manual courses. Due to variable temperatures of our training facilities layers are advised.
ONLINE TRAINING COURSES
McPherson Online Courses are delivered on Microsoft Teams and use the TurningPoint app (from Turning Technologies) for audience participation.
Hardware & Software: Clients are to provide suitable equipment (PC/Laptop/Tablet with a camera, microphone and speakers) and a reliable internet connection for delegates to access the virtual classroom and must ensure this equipment and internet bandwidth meet the required standards as set out by Microsoft and TurningPoint below:
- Microsoft Teams Hardware Requirements
- Microsoft Teams Network Requirements
- TurningPoint App Technical Specs
To use Microsoft Teams, clients must also agree to the Microsoft Services agreement, set out below:
- Microsoft Services Agreement
McPherson cannot be held liable for poor internet connection issues, poor quality video output or the inability for a delegate to access the training due to the equipment not meeting the required standards as set out by either Microsoft or Turning Technologies.
Client delegates should check with their IT Support teams/partners before booking if they think they may not have permission to use Microsoft Teams or the TurningPoint app. Clients will not be eligible for a refund for any Online Courses booked where delegates later find out they are unable to attend because of the Client organisation’s policy regarding Microsoft Teams or the TurningPoint app.
Please Note – when joining your Online Course via Microsoft teams you will be invited to choose a preferred name, giving you the option to amend any personal details you may prefer to remain confidential. Type your name (first name only is preferable) but make sure you use a name that you are happy for others to see on screen and the trainers to use. Please be aware that if you already have a Teams account your username will be visible to other attendees – you should therefore log out and re-join as a guest where you can choose which name to display. If you are using a private Teams account, you may be able to edit your visible name in settings.
Joining Instructions: McPherson shall issue course joining instructions via email once the booking has been confirmed. The email shall also include a link to the Online Training Requirements which detail the steps to download the applications listed in the section above. Once all Online Training Requirements have been met by the attendee, the course can be accessed by simply clicking on the link in the email to join. A reminder email shall also be issued in advance of the course. If no emails have been received, please check any Junk mailboxes or Spam filters for the email and if still not received then please call McPherson.
Course Completion: You must satisfactorily complete the course. This involves attending online on time, being present for the entire duration and fully taking part. The trainer will decide if you have completed the course. When you participate on the course, you cannot have anyone else with you (unless it is necessary in order to meet a specific requirement as otherwise agreed beforehand with McPherson) or have pets or other unreasonable distractions.
Mobile communications: With the exception of the devices being used to participate on the Online Course – other electronic devices are strictly forbidden; therefore, any other mobile devices or computers in the vicinity/room must be switched off and out of sight for the duration of the course.
Standards and behaviour during the course: Delegates participating on Online Courses should conduct themselves in a respectful manner to the course trainers and others attending the online course. Disruptive behaviour, intoxication, wilful non-compliance or misbehaviour whilst on a course is unacceptable.
Maintaining a comfortable environment in which all Online Course attendees can participate is important, therefore, course attendees are individually responsible for their general presentation so no one individual can adversely affect other course attendees with whom the individual comes into dialogue/contact online. Course attendees should not wear clothing which is likely to cause embarrassment or offence to others delivering or attending a course. Failing to comply with the terms and conditions may result in you being excluded from a course.
To protect everyone’s privacy, you must not take any screen shots, photographs or recordings of the course.
Delegate Details: Clients are to ensure that delegate details are supplied to McPherson within 1 working day before commencement of the Virtual Course. Fees will still be incurred should sessions not be able to run if this information is not provided.