These terms and conditions (together with any documents referred to in it) set out the terms and conditions on which we supply any of the courses (each a course) listed on our website www.training.michelin.co.uk (our site) to you. Please read these terms and conditions carefully before ordering any courses from our site.
You should understand that by ordering any of our courses, you agree to be bound by these terms and conditions. You should print a copy of these terms and conditions for future reference.
During the booking process, you will be requested to accept these terms and conditions in order to complete your purchase. If you chose not to accept the terms and conditions, unfortunately you will be unable to purchase courses from us.
training.michelin.co.uk is a web site operated by us (website). We are registered in England and Wales under company number 84559 and with our registered office at Campbell Road, Stoke-on-Trent, Staffordshire, ST4 4EY. Our VAT number is 278345231.
By placing an order through our site, you warrant that:
a) you are legally capable of entering into binding contracts;
b) you are at least 18 years old; and
c) all information provided to us by you for the purposes of the terms and conditions is complete and accurate.
3.1. In order to book a delegate on a course, you must visit our website and choose the applicable course and date and download the booking form on the website (booking form).
3.2. Following this, you are then required to print out the booking form and complete the necessary details. Once the booking form is complete, you must send it to our Training Coordinator by email (firstname.lastname@example.org). Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a course. All orders are subject to acceptance by us.
3.3. Your booking is a request to us to reserve a place for delegates on a course with a specific start date (course start date) and duration, including any optional extras such as accommodation choices and meal choices chosen by you. All bookings are subject to acceptance by us. After completing your booking form, you will receive an invoice from us setting out the amount payable. The invoice will include reference to these terms and conditions (contract). The contract will only be formed when we send you the invoice.
3.4. The contract will relate only to the course in respect of which we have accepted your order. We will have no obligation to supply courses for which we have not accepted your order. The contract will relate only to those courses and chosen course options which we have confirmed we will provide in the order confirmation. The value of the contract will be the sum of the fee for the course and any additional costs set out on the invoice (total costs).
3.5. Prior to the course start date we will send you course joining instructions.
4.1. Course fees will be as quoted on our site from time to time, except in cases of obvious error (fees). Fees exclude VAT where appropriate.
4.2. Fees are liable to change at any time, but changes will not affect orders in respect of which we have accepted your order.
4.3. Our site contains a large number of courses and it is always possible that, despite our best efforts, some of the courses listed on our site may be incorrectly priced.
4.4. If the correct fee for a course is higher than the fee stated on our site, we will normally, at our discretion, either contact you or cancel your order and notify you of such cancellation. Any fee paid will be refunded to you but we will have no liability to you beyond the fee paid. We are under no obligation to provide the course to you at the incorrect (lower) fee, even after we have sent you an order confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing.
4.5. We must receive the total costs prior to the start of the course. Bookings will not be confirmed until payment has been received.
4.6. Following receipt of your booking form, we will invoice you for the total costs. You must pay each invoice within thirty days of the date of the invoice. If your course is less than thirty days away from the date of your booking, we require payment via credit or debit card via telephone and we will contact you prior to the course to take the total costs.
4.7. If you fail to pay the total costs on the applicable due date, then we will, without prejudice to any other rights or remedies available to us and without liability, be entitled to cancel your order and charge you all fees outstanding and the cost of recovery of such costs.
4.8. If any information that you have given to us proves to be incorrect, which has resulted in our not charging you the correct amount, we reserve the right to adjust the total costs to ensure that it is the correct amount for the circumstances.
Cancellation by us and changes to courses
5.1. We may cancel a course and immediately terminate this contract if: (i) you are in arrears with any total costs due to us; (ii) you are in breach of any of these terms and conditions; or (iii) a petition or a resolution is passed for the winding up of your business or you stop or threaten to stop payment of your debts.
5.2. Whilst every effort is made to avoid changes to the courses we offer, we reserve the right to suspend, reschedule or cancel courses at any time. In such circumstances, we shall use reasonable endeavours to offer an alternative date and where this is not reasonably possible we will offer you a credit or a refund without any liability for consequential or indirect loss, including costs for travel or accommodation.
5.3. Certain courses may require a minimum number of delegates. If courses do not reach the minimum number required, we reserve the right to cancel the course and the provisions of clause 5.2 will apply.
5.4. Certain courses may have publicised course tutors and we reserve the right, in certain circumstances, to change such tutors due to unavailability and/or circumstances outside of our control.
5.5. We reserve the right, without liability or an obligation to refund sums, to exclude you and any delegates from any course after its commencement if in our absolute discretion we consider that you are impeding the provision of the course or other of our activities or your presence is bringing or threatening to bring us into disrepute.
Cancellation by you
5.6. You must ensure that all cancellations and requests to transfer courses and/or delegates are made in writing to our Training Administrator by e-mail (email@example.com or any other email address notified to you).
5.7. If you cancel a booking prior to the course start date, the following cancellation charges will apply:
Number of days’ notice before course start date
More than 14 days’ notice
No cancellation charge and fee refunded in full
Less than 14 days’ notice
100% of fee
5.8. We reserve the right to charge you any costs incurred by us on your behalf in respect of procuring any accommodation, food and/or travel costs irrespective of the period of notice of cancellation.
5.9. You remain liable to pay the total costs for a course if a delegate fails to attend such course.
5.10. All requests to transfer must be made in writing in accordance with clause 5.6 above.
5.11. You are only permitted to transfer a delegate to another course once.
5.12. If your request to transfer a delegate to an alternative course, the
following transfer charges will apply (transfer charges):
Number of days’ notice before course start date
More than 14 days’ notice
No transfer charge
Less than 14 days’ notice
£100 per request
5.13. The transfer charges, together with any additional costs (if applicable) for the change in course, are payable prior to the revised course start date in accordance with the payment method set out in clause 4.6.
5.14. You may not transfer a delegate to another course if the original course has already taken place or started when we receive your request and the total costs that you have paid for that course will not be refunded.
5.15. Refunds will be made using the same method of payment as you used for the purchase.
6.1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under this contract that is caused by events outside our reasonable control. This does not affect your statutory rights.
6.2. Nothing in this contract will in any way limit our liability for: (i) for death or personal injury caused by our negligence; (ii) for fraud or fraudulent misrepresentation; or (iii) for any other liability to the extent that it may not be excluded or limited as a matter of law.
6.3. We will not be liable under, or in connection with, this contract for: (i) loss of income; (ii) loss of business profits or contracts; (iii) business interruption; (iv) loss of the use of money or anticipated savings; (v) loss or opportunity, goodwill or reputational (vi) loss of, damage to or corruption of data; (vii) any indirect or consequential loss or damage of any kind howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise.
6.4. Our maximum aggregate liability under or in connection with this contract is limited to the total costs which have been paid, or are payable, for the course.
6.5. You agree to indemnify us against all cost or losses suffered or incurred by us due to claims, demands, suits, proceedings, actions, losses, judgments, damages, costs (including all reasonable legal fees) expenses, fines or penalties or actions against us arising out of or relating to a third party’s alleged harm, loss or damage caused to a delegate’s person, property, or to the premises on which the course takes place, due to any cause other than our negligence or wilful default.
7.1. At all times, all intellectual property rights in the training materials provided during the course remain the property of us (materials). No materials may be reproduced, stored in a retrieval system or transmitted in any form without our prior written consent.
7.2. In consideration of receipt by us of the fees, we grant to you a non- exclusive, non-transferable licence to use the materials for the sole purpose of the course. You may not modify, copy, reproduce, re-publish, sub-licence or distribute in any way any of the materials.
We reserve the right to terminate this contract immediately if: (i) you commit a material or persistent breach of this contract; (ii) you have a petition for winding up or an administration order presented against you or you pass a resolution for the winding up; or (iii) for non-payment in accordance with clause 4.7.
9.1. For the purpose of this clause 9, data protection legislation means the
Data Protection Act 2018 or any successor legislation and (for so long as and to the extent that the law of the European Union has legal effect in the UK) the General Data Protection Regulation EU 2016/679 and any other directly applicable European Union regulation relating to privacy.
9.2. Both parties will comply with all applicable requirements of the data protection legislation. This clause 9 is in addition to, and does not relieve, remove or replace, a party’s obligations under the data protection legislation.
9.3. For the purpose of this clause 9, the terms data controller, data processor, processing personal data and data subjects will have the meaning given to these terms in the data protection legislation.
9.4. The parties acknowledge that for the purposes of the data protection legislation, you are the data controller and we are the data processor. The below table sets out the scope, nature and purpose of processing by us, the duration of the processing and the types of personal data and categories of data subject. You acknowledge that we may modify the details set out below, at any time, to reflect the processing of personal data being undertaken pursuant to this contract and will inform you of such amendments as soon as reasonably possible.
9.5. Without prejudice to clause 9.2, you will ensure that you have all necessary appropriate consents and notices in place to enable lawful transfer of the personal data to us for the duration and purposes of this contract.
9.6. Without prejudice to clause 9.2, if we process any personal data on your behalf, we will, in relation to any personal data processed in connection with the performance by us of our obligations under this contract:
9.6.1. process that personal data only on your reasonable written instructions unless we are required by the laws of any member of the European Union or by the laws of the European Union applicable to us to process personal data (applicable laws);
9.6.2. ensure that it has in place appropriate technical and organisational measures, to protect against unauthorised or unlawful processing of personal data and against accidental loss or destruction of, or damage to, personal data, appropriate to the harm that might result from the unauthorised or unlawful processing or accidental loss, destruction or damage and the nature of the data to be protected, having regard to the state of technological development and the cost of implementing any measures (those measures may include, where appropriate, pseudonymising and encrypting personal data, ensuring confidentiality, integrity, availability and resilience of its systems and services, ensuring that availability of and access to personal data can be restored in a timely manner after an incident, and regularly assessing and evaluating the effectiveness of the technical and organisational measures adopted by it);
9.6.3. ensure that all personnel who have access to and/or process personal data are obliged to keep the personal data confidential; and
9.6.4. not transfer any personal data outside of the European Economic Area unless:
22.214.171.124. we or you have provided appropriate safeguards in relation to the transfer; and
126.96.36.199. we comply with our obligations under the data protection legislation by providing an adequate level of protection to any personal data that is transferred,
9.6.5. assist you, at your cost, in responding to any request from a data subject and in ensuring compliance with its obligations under the data protection legislation with respect to security, breach notifications, impact assessments and consultations with supervisory authorities or regulators;
9.6.6. notify you without undue delay on becoming aware of a personal data breach and co-operate with and assist you in all respects relating to such breach;
9.6.7. at your written direction, delete or return personal data and copies to you on termination of the contract unless required by applicable law to store the personal data; and
9.6.8. maintain complete and accurate records and information to demonstrate its compliance with this clause 9 and allow for audits by you or your designated auditor.
9.7. You consent to us appointing third party processors. Where we appoint a third-party processor of personal data under this contract:
9.7.1. we confirm that we have entered or (as the case may be) will enter with the third-party processor into a written agreement incorporating terms which are substantially similar to those set out in this clause 9;
9.7.2. where that third-party processor fails to fulfil its data protection obligations, we shall remain fully liable to you for the performance of that third-party processor’s obligations; and
9.7.3. we shall notify you of any changes it intends to make in relation to an appointed third-party processor, giving you the opportunity to object to such changes.
9.8. Without prejudice to clause 9.2, you, as the data controller, shall be solely responsible for:
9.8.1. ensuring that the personal data is processed at all times in compliance with data protection legislation;
9.8.2. implementing appropriate technical, logical and organisational security measures to protect personal data including against any accidental or unlawful destruction, loss, alteration or disclosure thereof, or unauthorized access;
9.8.3. providing the data subjects with the mandatory information set out in the data protection legislation;
9.8.4. dealing with the data subject’s requests in the exercise of their rights;
9.8.5. taking full responsibility for the actions or omissions of its
subcontractors in the execution of the contracts that bind them; and
9.8.6. carrying out all appropriate declarations or notifications to the
competent data protection authorities if needed.
9.9. You acknowledge and agree that we may gather, compile, commingle
and use aggregate statistical or analytical data and/or performance information about its provision and the use of our course services by you, solely for financial, accounting, product optimization, customer support, and other internal business purposes as such purposes relate to the provision of our services and other internal business purposes. Provided that such information does not include any Personal Data, the Provider retains all ownership and intellectual property rights to those aggregate statistical or analytical data and that aggregate statistical or analytical performance information.
What is the subject matter of the processing carried out by us?
We provide tyre industry training in the UK and Ireland and the processing is required to carry out such training
What is the nature and purpose of the personal data processing?
To conduct training to delegates
How long will the processing of personal data continue (i.e. what is the duration of the processing)?
For the duration of this contract
What type of personal data is processed?
Employee names, addresses, phone number Membership numbers
What categories of data subjects are involved in the processing?
10.1. All formal notices given by you to us must be sent by first class post to Michelin Training and Information Centre, 23 Stone Road, Stoke-on- Trent, ST4 6SR. Day to day correspondence can be sent by email to firstname.lastname@example.org.
10.2. We may give notice to you at either the e-mail or postal address you provide to us when placing an order.
10.3. Notice will be deemed received 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee and that a read receipt was received by you.
10.4. This contract between you and us is binding on you and us and on our respective successors and assigns.
10.5. You may not transfer, assign, charge or otherwise dispose of this contract, or any of your rights or obligations arising under it, without our prior written consent.
10.6. We may transfer, assign, charge, sub-contract or otherwise dispose of this contract, or any of our rights or obligations arising under it, at any time during the term of the contract.
10.7. If you breach these terms and conditions and we take no action to enforce our rights in respect of that breach, we will be able to enforce our rights in respect of any other breach of the conditions by you.
10.8. These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
10.9. We each acknowledge that, in entering into this contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations
between us prior to such contract except as expressly stated in these
terms and conditions.
10.10. These terms and conditions will take precedence over any terms and
conditions offered by you.
10.11. We reserve the right to revise and amend these terms and conditions
from time to time for any reason, including changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system’s capabilities.
10.12. These terms and conditions will be governed by English law. Any dispute arising from, or related to, these terms and conditions will be subject to the exclusive jurisdiction of the courts of England and Wales.