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1. These terms and conditions are between The Prescription Training Company (“TPTC”) and the Customer. They replace any previous terms and conditions of TPTC and are the complete and only terms and conditions between the parties. All dealings between TPTC and the Customer shall be governed by these terms and conditions which shall prevail over any others.
2. These terms and conditions and any contract formed pursuant to them may be varied provided any variation is confirmed in writing by an authorised representative of TPTC.
3. A binding contract will be formed when TPTC notifies its acceptance of a Customer's order for goods or services (the "Contract"). An invoice may be dispatched prior to delivery of the goods or performance of the services and shall be payable within 30 days of the date of the invoice.
4. Subject to compliance with paragraph 5, if the Customer is dealing as a consumer then they may cancel the Contract in accordance with the Consumer Protection (Distance Selling) Regulations 2000 up to the end of the 7th working day from the date of receipt of the goods (the " Cancellation Date "). No reason needs to be given and no penalty or cancellation fee will be due. The Customer must notify TPTC in writing on or before the Cancellation Date by letter, fax or e-mail and (in the case of goods) comply with the returns policy set out at paragraph 5.
5. To return goods the Customer must have a goods return number (" GRN "). A GRN can be obtained by telephoning TPTC and providing the invoice number. A GRN will then be provided, together with instructions for returning the goods. TPTC will not accept returns without a valid GRN. All returned items must be in their original packaging, unopened and unused and returned within 14 days of the date of issue of the GRN. The Customer must pay for the costs of return unless the goods are faulty, damaged or incorrectly supplied and will be liable for them until they reach TPTC. On receipt of the returned goods, TPTC will credit the Customer's account with any sum debited as soon as possible.
6. Unless specified, Value Added Tax will not be included in any price and will be charged at the rate in force at the time of quotation.
7. Interest on overdue invoices may be charged (at the discretion of TPTC) in accordance with the Late Payment of Commercial Debts (Interest) Act 1998 until the date of payment and the Customer agrees to pay any reasonable expenses (not limited to expenses fixed by Court) incurred by TPTC in pursuing any outstanding debt or debts due from the Customer.
8. In some cases a credit account may be considered. Government agencies will be pre-approved for credit. Other organisations may request a credit application form and the establishment of a credit account is entirely at the discretion of TPTC.
9. Title to the goods shall pass when payment is made in full. For the purposes of payment of TPTC's invoice only, time is of the essence. Until payment is made in full the Customer shall allow TPTC or its agents to enter its premises during business hours to inspect any goods which have not been paid for in full and remove them. The Customer shall not sell, give, pledge, lend, charge or otherwise dispose of the goods before title has passed without the written agreement of TPTC.
10. Risk of loss shall pass on delivery and all delivery times are estimates only.
11. It is the Customer's responsibility to inspect the goods on delivery. Any visible defects in the goods must be notified to TPTC within 7 days of delivery during which time TPTC shall repair or replace such goods free of charge. After this time any goods with visible defects may be replaced at the Customer's expense.
12. Nothing in these terms shall operate to exclude or limit TPTC's liability for death or personal injury caused by its negligence, any breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982 or fraud.
13. TPTC shall not be liable to the Customer whether in contract, tort (including negligence) or otherwise for any loss of profit; anticipated profits; revenues; anticipated savings; goodwill or business opportunity; or for any indirect or consequential loss or damage whatsoever or for any failure to comply with its obligations due to an event beyond TPTC's reasonable control. TPTC's aggregate liability to the Customer whether in contract, tort (including negligence) or otherwise shall in no circumstances exceed the total sum paid or payable by the Customer to TPTC under the Contract.
14. TPTC shall not be liable for mistreatment of any person or property arising out of the Customer's failure to follow the guidelines set out by TPTC in its publications or courses.
15. TPTC reserve the right to remove or amend any part of its publications without prior notice or consultation.
16. The Customer shall indemnify TPTC for any loss or expenses caused as a result of providing inaccurate information to TPTC, mistakes contained within the Customer's order, changes to the Contract requested by the Customer or personal injury or death caused by the Customer not following TPTC's guidelines correctly.
17. If the Customer becomes bankrupt or enters into liquidation, administration or administrative receivership or has a receiver of any of its assets appointed (or ceases or threatens to cease carrying on business) TPTC shall be entitled to cancel any outstanding Contract(s) without liability to the Customer and any sums outstanding shall become immediately due and payable.
18. If the parties are unable to resolve any dispute arising between them, either party may initiate an alternative dispute resolution procedure with the assistance of a mediator agreed by the parties or, in default of such agreement, appointed at the request of either party by the Centre for Dispute Resolution or such other similar body as is agreed.
19. Any written notice given under these terms and conditions shall be served either by registered post or by facsimile to the relevant party's registered/principal office or last known address.
20. No other person or body who is not a party to the Contract has any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any terms of the Contract.
21. These terms and conditions shall be governed and construed in accordance with English law and the parties submit to the exclusive jurisdiction of the English Courts.
Paper and on-line assessments
22. Assessments: The charge for the assessment includes marking the assessment, printing a certificate and Skills for Care Progress Log, and postage costs.
23. Assessments: Certificates and progress logs will only be issued to those who have entered (redeemed) a valid access code (which is printed on the back cover of the workbook) and achieved the pass mark
24. Assessments: Each book has its own unique access code which can only be redeemed once. If you enter an access code which has already been redeemed by another person, or you redeem an access code other than that printed on your workbook, we reserve the right not to issue a certificate and progress log and not to issue a refund of the marking and certification charge.
25. Assessments: The pass mark is 80%. Prescription Training reserves the right to make reasonable adjustments to this pass mark in the future if this is deemed necessary
26. Assessments: If you pass the assessment and lose your certificate or progress log. We can issue replacements at a cost of £5 + VAT. We reserve the right to vary this amount in the future.
27. For the on-line assessment only: if you fail the assessment, you can re-take it on-line as many times as you need to (within 6 months from the date you registered). Once this 6 month period elapses, you will need to re-register for another 6 months access at the current assessment charge.
28. For the paper assessment only: If you fail the assessment, we will notify you by post, email or telephone. You can then re-take the assessment one extra time at no extra cost. If you fail the assessment on the second occasion, you will need to pay again to take the assessment (at the full price)
The Prescription Training Company is registered in England and Wales at Adur Business Centre, Ropetackle, Little High Street, Shoreham-by-Sea, BN43 5EG. Registration number 6731235, VAT Reg: 917151633
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