Terms And Conditions for the Purchase and Use of Training Courses
PLEASE READ THE FOLLOWING CONDITIONS CAREFULLY. UPON PURCHASING, ATTENDING OR INTERACTING WITH ANY OF OUR TRAINING COURSES, YOU ARE DEEMED TO HAVE ACCEPTED THE FOLLOWING CONDITIONS. THESE CONDITIONS APPLY TO BOOKING AND CANCELLATION OF COURSES, ACCESS TO AND USE OF THE TRAINING PORTAL, AND ATTENDANCE AT OR INTERACTION WITH COURSE MATERIAL.
1 Interpretation
1.1 These Conditions shall be interpreted in accordance with Schedule 1 and all capitalised terms shall have the meanings set out in the definitions.
1.2 These Conditions shall prevail over any other terms, including those of any third-party providers.
2 Basis of contract
2.1 The online Purchase of a Training Course by a Customer constitutes an offer by the Customer to purchase Services in accordance with these Conditions.
2.2 The Purchase shall only be deemed to be accepted when the Trust issues written confirmation accepting the Purchase and either provides a date on which the Training Course will be delivered (the Delivery Date),or makes Course Materials available via the LMS, at which point and on which date the Contract shall come into existence(Booking Date).
2.3 Any descriptive matter or advertising issued by the Trust, and any descriptions contained in the Trust’s training catalogues or brochures, are issued or published for the sole purpose of giving an approximate idea of content of the Training Courses. They shall not form part of the Contract or have any contractual force
2.4 These Conditions apply to the Contract tot he exclusion of any other terms that the Customer seeks to impose or incorporate, or which are implied by law, trade custom, practice or course of dealing
2.5 Where a Purchase is made by a Customer who is acting in their individual capacity as a consumer, the Customer will have the right to cancel the Purchase for up to 14 days after the Booking Date without charge(cooling off period).
2.5.1 Notice to cancel the Purchase within the cooling off period must be given in accordance with clause 13.11 (Notices).
2.5.2 Where Course Materials are made available whether wholly or in part immediately after the Booking Date and the Customer has interacted with the Course Materials, the Customer will be deemed to have waived the right to cancel the Purchase with in the cooling off period. For the avoidance of doubt, the right to cancel within the cooling off period is deemed to be waived for Training Courses booked less than 14 days prior to the Delivery Date.
2.5.3 This clause 2.5 is intended to give statutory rights to consumers in accordance with the Consumer Contracts (Information, Cancellation and Additional Changes) Regulations 2013 and the terms ‘consumer’ and ‘business’ shall be construed accordingly. The cooling off period does not apply to business Customers.
2.6 Training Courses are intended solely for use and application in the UK. Elements of the Training Courses may not be suitable or applicable for Learners to apply overseas.
3 Supply of Services
3.1 The Trust shall supply the Training Courses to the Customer in accordance with the Specification in all material respects.
3.2 The Trust shall use all reasonable endeavours to provide the Training Courses on the proposed training Delivery Dates, are quested by the Customer and/or Learner(s) but reserves the right to amend the date and/or location of a Training Course by giving at least 14 days’ notice. Time shall not be of the essence for performance of the Services.
3.3 The Trust reserves the right to amend the Training Course and/or Course Materials if necessary to comply with any applicable law or regulatory requirement, or if the amendment will not materially affect the nature or quality of the Services, and the Trust shall notify the Customer in any such event.
3.4 The Trust warrants to the Customer that the Services will be provided using reasonable care and skill.
4 Customer’s obligations
4.1 The Customer shall:
4.1.1 co-operate with the Trust in all matters relating to the Services;
4.1.2 where the Training Course is In-Person at the Customer’s site, provide the Trust, its employees, agents, consultants and subcontractors, with access to the Customer’s premises, office accommodation and other facilities as reasonably required by the Trust;
4.1.3 reimburse the Trust’s reasonable travel expenses where Training Courses are delivered In Person at the Customer’s site;
4.1.4 provide the Trust with such information and materials as the Trust may reasonably require in order to supply the Services, and ensure that such information is complete and accurate in all material respects;
4.1.5 keep all Course Materials and other property of the Trust at the Customer’s premises in safe custody at its own risk, maintain the Course Materials in good condition until returned to the Trust, and not dispose of or use the Course Materials other than in accordance with the Trust’s written instructions or authorisation;
4.1.6 not download or copy the Course Materials for any purpose without the written consent of the Trust; and
4.1.7 ensure all Learners for whom a Training Course has been purchased are made aware of the existence of these Conditions and accept them prior to attending a Training Course or interacting with Course Materials.
4.2 If the Trust’s performance of any of its obligations under the Contract is prevented or delayed by any act or omission by the Customer or Learner(s), or failure by the Customer or Learner(s) to perform any relevant obligation (Customer Default):
4.2.1 without limiting or affecting any other right or remedy available toit, the Trust shall have the right to suspend or delay performance of the Services;
4.2.2 the Trust shall not be liable for any costs or losses sustained or incurred by the Customer or Learner(s) arising directly or indirectly from the Trust’s failure or delay to perform any of its obligations as set out in this clause 4.2 and
4.2.3 the Customer shall reimburse the Trust on written demand for any costs or losses sustained or incurred by the Trust arising directly or indirectly from the Customer Default.
5 Learner’s Obligations
5.1 Upon accessing Course Materials via the LMS or attending a Training Course, the Learner will be deemed to have accepted these Conditions;
5.2 Learners attending In Person Training Courses agree to adhere to the access, health and safety, and any other requirements specific to the location of any premises in which the Training Course is delivered; and
5.3 Learners shall not record or broadcast any Training Course content and shall not copy or amend or distribute Course Materials to any other person or organisation.
6 Charges and payment
6.1 The Charges for the Services shall be those stated on the Website at the point of Purchase and are payable in full in advance by the methods permitted on the Website;
6.2 A Learner shall not be able to access any Training Course or Course Materials until payment has been made in full.
6.3 All amounts payable by the Customer for Training Courses under the Contract are exempt from VAT;
6.4 All Charges due under the Contract shall be paid in full without any set-off, counter claim, deduction or withholding (other than any deduction or withholding of tax as required by law).
7 Intellectual property rights
7.1 All Intellectual Property Rights in or arising out of or in connection with the Services (other than Intellectual Property Rights in any materials provided by the Customer) shall be owned by the Trust;
7.2 Neither the Customer nor the Learner is permitted to download, copy, save, record, broadcast or use the Course Materials for any purpose other than the intended learning by the Leaner without the prior written consent of the Trust;
7.3 The Trust grants to the Customer and Learner, a non-exclusive, non-transferrable licence during the Contract Term to use the Course Materials for the purpose of learning and participating in the Training Course;
7.4 The Customer shall not sub-license, assignor otherwise transfer the rights granted in clause 7.3.
8 Accessing Course Materials and Audit
8.1 Following the Booking Date and upon notification to the Trust by the Customer of the details of each Learner for whom a Training Course has been purchased, each Learner will be allocated a User Account on the LMS for the purpose of attending the Training Course and interacting with Course Materials;
8.2 User Account login details will be unique to each Learner and may not be shared;
8.3 Each Learner will be permitted unlimited access to Course Materials via their User Account for a period of 12 months from the Booking Date, subject to system availability. The Trust will use reasonable endeavours to ensure access and availability of Course Materials via the User Account throughout this term but accepts no liability for LMS or User Account downtime beyond its reasonable control;
8.4 Access to the LMS and User Accounts maybe restricted for short periods of maintenance. The Trust will endeavour to provide Learners with reasonable notice in advance and ensure any disruption to the LMS and User Accounts is minimal;
8.5 Any Learner who ceases to be employed by a Customer will no longer have access to their User Account. The Customer shall
notify the Trust of any Learner who ceases to be employed by the Customer within two weeks after the Learner’s employment has ended.
8.6 The Trust reserves the right to audit use and access of the LMS and/or User Accounts by Customers and Learners to monitor compliance in accordance with these Conditions.
9 Data protection
9.1 The Trust’s policy for the use of personal data is set out in its Privacy Notice which can be found athttps://www.torbayandsouthdevon.nhs.uk/about-us/data-protection/privacy-and-cookies/. Our Privacy Notice includes details of our use of website cookies. By accepting these Conditions, Customers and Learners also agree to the terms of our Privacy Notice.
9.2 The Trust and Customers shall comply with data protection obligations applicable to their organisation.
10 Limitation of liability
10.1 The liability of the Trust for any claims in connection with these Conditions is capped at the Charges paid by the Customer for the relevant Training Course which has given rise to the claim.
10.2 References to liability in this clause 10 include every kind of liability arising under or in connection with the Contract including liability in contract, tort (including negligence), misrepresentation, restitution or otherwise.
10.3 Neither party may benefit from the limitations and exclusions set out in this clause in respect of any liability arising from its deliberate default.
10.4 Nothing in this clause 10 shall limit the Customer’s payment obligations under the Contract.
10.5 Nothing in the Contract limits any liability which cannot legally be limited, including liability for:
10.5.1 death or personal injury caused by negligence;
10.5.2 fraud or fraudulent misrepresentation; and
10.5.3 breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession).
10.6 Subject to clause 10.3 (No limitation in respect of deliberate default), clause 10.4(No limitation of customer’s payment obligations) and clause 10.5 (Liabilities which cannot legally be limited), this clause10.6 sets out the types of loss that are wholly excluded:
10.6.1 loss of profits.
10.6.2 loss of sales or business.
10.6.3 loss of agreements or contracts.
10.6.4 loss of anticipated savings.
10.6.5 loss of use or corruption of software, data or information.
10.6.6 loss of or damage to goodwill; and
10.6.7 indirect or consequential loss.
10.7 The Trust has given commitments as to compliance of the Services with relevant Specifications in clause 3. In view of these commitments, the terms implied by sections3, 4 and 5 of the Supply of Goods and Services Act 1982 are, to the fullest extent permitted by law, excluded from the Contract.
10.8 Unless the Customer notifies the Trust that it intends to make a claim in respect of an event within the notice period, the Trust shall have no liability for that event. The notice period for an event shall start on the day on which the Customer became, or ought reasonably to have become, aware of the event having occurred and shall expire 14days from that date. The notice must be inwriting and must identify the event and the grounds for the claim in reasonable detail.
10.9 This clause 10 shall survive termination of the Contract.
11 Cancellation, Rescheduling and Substitution of Training Courses
11.1 In Person
11.1.1 The Trust may cancel In Person Training Courses by giving written notice to the Customer at least 14 days prior to the Delivery Date. Where the Trust has cancelled an In Person Training Course, the Trust will process a full refund for the Customer as soon as possible.
11.1.2 The Customer may cancel an In Person Training Course by giving at least 14 days notice inwriting to the Trust. Where the Customer has cancelled an In Person Training Course more than 14 days prior to the Delivery Date, the Customer will been titled to a full refund, less an Administration Fee. Where the Customer has cancelled an In Person Training Course less than 14 days prior to the Delivery Date, but within 48 hours of the Booking Date, the Customer will be entitled to a full refund, less an Administration Fee. Where a Customer has cancelled an In Person Training course after 48hours from the Booking Date and less than 14 days prior to the Delivery Date, no refund will be issued.
11.1.3 The Trust may reschedule the Delivery Date of an In Person Training Course by giving at least 14 days written notice to the Customer. In the event that the revised Delivery Date of the In Person Training Course is not acceptable to the Customer, the Customer shall be entitled to cancel the In Person Training Course up to 14 days after notice of the rescheduled Delivery Date has been given, and the Trust will process a full refund.
11.1.4 The Customer may request the allocated place of a Learner on an In Person Training Course is re-allocated on to another equivalent Training Course up to 48 hours prior to the Delivery Date. Re-allocation at the Customer’s request is entirely at the Trust’s discretion, subject to availability and will usually only be permitted once per Training Course.
11.1.5 The Customer may request the allocated place of a Learner on an In Person Training Course is substituted for a different Learner employed by the Customer up to 48 hours prior to the Delivery Date. Substitution is entirely at the Trust’s discretion and will usually only be permitted once per Training Course.
11.2 Live Virtual Stream
11.2.1 The Trust may cancel Live Virtual Stream Training Courses by giving written notice to the5LEGAL\63932055v2Customer at least 14 days prior to the Delivery Date. Where the Trust has cancelled a Live Virtual Stream Training Course, the Trust will process a full refund for the Customer as soon as possible.
11.2.2 The Customer may cancel a Live Virtual Stream Training Course by giving at least 14 days notice in writing to the Trust. Where the Customer has cancelled a Live Virtual Stream Training Course more than 14 days prior to the Delivery Date, the Customer will be entitled to a full refund, less an Administration Fee. Wherethe Customer has cancelled a Live Virtual Stream Training Course less than 14 days prior to the Delivery Date but within 48 hours of the Booking Date, the Customer will be entitled to a full refund, less an Administration Fee. Where a Customer has cancelled a Live Virtual Stream Training course after 48 hours from the Booking Date and less than 14 days prior to the Delivery Date, no refund will be issued.
11.2.3 The Trust may reschedule the Delivery Date of a Live Virtual Stream Training Course by giving at least 14 days written notice to the Customer. In the event that the revised Delivery Date of the Live Virtual Stream Training Course is not acceptable to the Customer, the Customer shall be entitled to cancel the Live Virtual Stream Training Course up to 14 days after notice of the rescheduled Delivery Date has been given, and the Trust will process a full refund.
11.2.4 The Customer may request the allocated place of a Learner on a Live Virtual Stream Training Course is re-allocated on to another equivalent Training Course up to 48 hours prior to the Delivery Date. Re-allocation at the Customer’s request is entirely at the Trust’s discretion, subject to availability and will usually only be permitted once per Training Course.
11.2.5 The Customer may request the allocated place of a Learner on a Live Virtual Stream Training Course is substituted to a different Learner employed by the Customer up to 48 hours prior to the Delivery Date. Substitution is entirely at the Trust’s discretion and will usually only be permitted once per Training Course.
11.3 E-Learning
11.3.1 The Customer may cancel an E-Learning Training Course up to14 days after the Booking Date by giving notice in writing to the Trust. Where Course Materials have not been accessed by either the Customer or Learner, the Trust may offer a full or partial refund to the Customer at its sole discretion. No refund will be issued upon cancellation by the Customer where Course Materials have been accessed by either the Customer or Learner.
11.3.2 The Customer may request the User Account of a Learner for an E-Learning Training Course is substituted to a different Learner employed by the Customer up to14 days after the Booking Date. Substitution is entirely at the Trust’s discretion and will usually only be permitted once per Training Course.
11.4 Hybrid Training
11.4.1 The Trust may cancel Hybrid Training by giving written notice to the Customer at least 14 days prior to the Delivery Date of the In Person or Live Virtual Stream element. Where the Trust has cancelled Hybrid Training, the Trust will process a partial refund for the Customer as soon as possible. The amount of the partial refund issued will reflect the respective proportions of the hybrid elements of the Training Course and is at the Trust’s sole discretion. Where Course Materials have not been accessed by either the Customer or Learner, the Trust will process a full refund for the Customer as soon as possible.
11.4.2 The Customer may cancel Hybrid Training up to 14 days after the Booking Date by giving notice in writing to the Trust. Where Course Materials have not been accessed by either the Customer or Learner, the cancellation rights applicable to In Person Training Courses as set out at clause 11.1.2 will apply. No refund will be issued upon cancellation by the Customer where Course Materials have been accessed by either the Customer or Learner.
11.4.3 The Customer may request the allocated place of a Learner on a Hybrid Training Course is re-allocated on to another equivalent Training Course up to 48 hours prior to the Delivery Date of the In Person or Live Virtual Stream element. Re-allocation at the Customer’s request is entirely at the Trust’s discretion, subject to availability and will usually only be permitted once per Training Course.
11.4.4 The Customer may request the User Account of a Learner for Hybrid Training is substituted toa different Learner employed by the Customer up to 14 days after the Booking Date. Substitution is entirely at the Trust’s discretion and will usually only be permitted once per Training Course.
11.5 For the avoidance of doubt, the Customer’s sole remedy in the event of cancellation of a Training Course by the Trust shall be are fund of the applicable Charges for such Training Course or re-allocation where eligible and in accordance with this clause 11.
11.6 Where the Customer is eligible for a refund, this will be paid to the original payment method of the Customer and the Trust will aim to process the refund within 28 days of the cancellation notice. The Customer may elect to be issued with an account credit as an alternative to a refund and rebook the Training Course within a 12 month period, subject to availability.
11.7 For the avoidance of doubt, the Customer will not be entitled to a refund where a Learner does not attend or participate in a Training Course unless notice to cancel has been given in accordance with this clause11.
11.8 Where substitution of a Learner is permitted by the Trust, a new User Account will be created and the original User Account will be closed.
11.9 The right of individual consumers to cancel within the cooling off period as set out in clause 2.5 is unaffected by this clause 11.
12 Termination
12.1 The Contract will expire 12 months after the Booking Date, except where either the Trust or Customer has given written notice to cancel a Training Course, where the Contract will expire at the end of the cancellation notice period.
12.2 All Course Materials will be made available to the Learner via the LMS and/or User Account for a period limited to 12 months from the Booking Date.12.3 On termination or expiry of the Contract:
12.3.1 the User Account(s) created on the LMS will be closed and access to Course Materials will cease; and
12.3.2 both the Learner(s) and Customer shall return or confirm destruction or deletion of any Course Materials which have been loaned or are otherwise in the possession of the Learner(s)or Customer.
12.4 Termination or expiry of the Contract shall not affect any rights, remedies, obligations or liabilities of the parties that have accrued up to the date of termination or expiry, including the right to claim damages in respect of any breach of the Contract which existed at or before the date of termination or expiry.
12.5 Any provision of the Contract that expressly or by implication is intended to come into or continue in force on or after termination or expiry of the Contract shall remain in full force and effect.
13 General
13.1 Force majeure. Neither party shall be in breach of the Contract nor liable for delay in performing, or failure to perform, any of its obligations under the Contract if such delay or failure result from events, circumstances or causes beyond its reasonable control.
13.2 OPEL 4 (Acute Emergency Escalation Plan). There may be occasions whereby the Trust is obliged to comply with the escalation procedure outlined in OPEL 4. The escalation plan includes cancellation of all non-essential meetings and training to allow continued patient safety, timely discharge and early clinical assessment to its optimum level. In these extraordinary circumstances, the Trust may be required to cancel, suspend or delay Training Courses and shall not be in breach of its obligations under this Contract. For the avoidance of doubt such circumstances shall be treated as a force majeure event.
13.3 Assignment and other dealings.
13.3.1 The Trust may at any time assign, subcontract, delegate, deal in any other manner with any or all of its rights and obligations under the Contract.
13.3.2 The Customer shall not assign, transfer, mortgage, charge, subcontract, delegate, declare a trust over or deal in any other manner with any of its rights and obligations under the Contract without the prior written consent of the Trust.
13.4 Confidentiality.
13.4.1 Each party undertakes that it shall not at any time disclose to any person any confidential information concerning the business, affairs, customers, clients or suppliers of the other party, except as permitted by clause 13.4.2.
13.4.2 Each party may disclose the other party’s confidential information:(a) to its employees, officers, representatives, contractors, subcontractors or advisers who need to know such information for the purposes of carrying out the party’s obligations under the Contract. Each party shall ensure that its employees, officers, representatives, contractors, subcontractors or advisers to whom it discloses the other party’s confidential information comply with this clause 13.4; and(b) as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority.
13.4.3 Neither party shall use the other party’s confidential information for any purpose other than to perform its obligations under the Contract.
13.5 Freedom of Information
13.5.1 Customers and Learners acknowledge that the Trust is subject to the requirements of FOIA and EIRs and accept that:(a) any information provided to the Trust in relation to the Customer or Learner may be disclosed under the FOIA or the EIRs, unless exempt;(b) the decision on whether any exemption under the FOIA or EIRs applies to a request for information is a decision solely for the Trust;(c) except for any information which is exempt from disclosure in accordance with the provisions of the FOIA or EIRs, these terms and conditions are not confidential information.
13.6 Complaints
13.6.1 The Trust accepts complaints via a number of means and will deal with any Customer complaints as efficiently as possible. Customer’s may send complaints by email to tsdft.hivesupport@nhs.net or by post to: Hive Health and Care Academy Complaints Horizon Centre, Lowes Bridge, Torquay, TQ2 7AA
13.7 Entire agreement.
13.7.1 The Contract constitutes the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter. Each party acknowledges that in entering into the Contract it does not rely on, and shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in the Contract. Each party agrees that it shall have no claim for innocent or negligent misrepresentation based on any statement in the Contract.
13.8 Variation. Except as set out in these Conditions, no variation of the Contract shall be effective unless it is in writing and signed by the parties (or their authorised representatives).
13.9 Waiver. A waiver of any right or remedy under the Contract or by law is only effective if given in writing and shall not be deemed a waiver of any subsequent right or remedy. A failure or delay by a party to exercise any right or remedy provided under the Contractor by law shall not constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict any further exercise of that or any other right or remedy. No single or partial exercise of any right or remedy provided under the Contract or by law shall prevent or restrict the further exercise of that or any other right or remedy.
13.10 Severance. If any provision or part-provision of the Contract is or becomes invalid, illegal or unenforceable, it shall be deemed deleted, but that shall not affect the validity and enforceability of the rest of this agreement. If any provision or part-provision of this Contract is deleted under this clause13.10 the parties shall negotiate in good faith to agree a replacement provision that, to the greatest extent possible, achieves the intended commercial result of the original provision.
13.11 Notices.
13.11.1 Any notice or other communication given to a party under or in connection with the Contract shall be in writing and shall be delivered by hand or by pre-paid first-class post or other next working day delivery service at its registered office (if a company) or its principal place of business (in any other case);or sent by email to:(a) Trust:tsdft.hivesupport@nhs.net .(b) Customer: the e-mail used to complete the Purchase.
13.11.2 Any notice or communication shall be deemed to have been received:(a) if delivered by hand, at the time the notice is left at the proper address;(b) if sent by pre-paid first-class post or other next working day delivery service, at 9.00 am on the second business day after posting; or(c) if sent by email at the time of transmission, or, if this time falls outside business hours in the place of receipt, when business hours resume. In this clause(c), business hours means 9.00am to5.00pm Monday to Friday on a day that is not a public holiday in the place of receipt;
13.11.3 This clause 13.11 does not apply to the service of any proceedings or other documents in any legal action or, where applicable, any other method of dispute resolution.
13.12 NHS identity, marketing and promotion. Neither the Customer nor the Learner is permitted to use any information relating to the Services as marketing or product endorsement without the prior written permission from the Trust. The Trust will consider any requests to use information for promotion or marketing purposes and where agreement is granted, a separate agreement will be required.
13.13 Third party rights. Unless it expressly states otherwise, the Contract does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Contract.
13.14 Governing law. The Contract, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by, and construed in accordance with the law of England and Wales.
13.15 Jurisdiction. Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with the Contract or its subject matter or formation.
Schedule 1
Definitions and Interpretation
- The following definitions and rules of interpretation apply in these Conditions.
1.1. Definitions:
Administration Fee a fee of £40 to be applied by the Trust where applicable in the event of Customer cancellation of Training Courses.
Booking Date has the meaning given in clause 2.2.
Charges the charges payable by the Customer on purchasing a Training Course in accordance with clause 6.
Conditions these conditions as amended from time to time in accordance with clause 13.8.
Contract the contract between the Trust and the Customer or Learner relating to the purchase of or attendance at, participation or interaction with a Training Course in accordance with these Conditions.
ContractTerm12 months after the Booking Date.
Course Materials the materials made available by the Trust to a Learner as part of the Training Course.
Customer the person or firm who purchases a Training Course from the Trust. Wherethe Customer is an individual consumer, this has the meaning giving in applicable consumer contracts regulations.
Customer Default has the meaning set out in clause 4.2.
Delivery Date the date on which either an In Person or Live Virtual Stream Training Course is scheduled to be delivered, or E-Learning is made available to be accessed by the Learner.
EIRs Environmental Information Regulations2004 (SI 2004/3391)
E-Learning the Training Course and Course Materials are delivered as digital only e-learning content made available to the Learner online via the LMS, to be accessed at the Learner’s convenience.
FOIA Freedom of Information Act 2000
Hybrid Training any combination of an In Person, Live Virtual Stream, or E-Learning Training Course
In Person the delivery of a Training Course by the Trust whereby the tutor is physically present and the Learner is able to receive teaching at a physical location (i.e. face to face).
Intellectual Property Rights patents, rights to inventions, copy right and related rights, moral rights, trademarks and service marks, business names and domain names, rights in get-up and trade dress, goodwill and the right to sue for passing off or unfair competition, rights in designs, rights in computer software, database rights, rights to use, and protect the confidentiality of, confidential information(including know-how and trade secrets),and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.
Learner(s) the person or group of individuals for whom a Training Course has been purchased or booked (whether or not the course is subsequently attended or interacted with).
Learning Management System (LMS)the website application known as “the Hive” athttps://thehive.torbayandsouthdevon.nhs.uk made available to Learners to interact with Course Materials.
Live Virtual Stream the Training Course is delivered by the Trust in a virtual environment via a livestream.
OPEL 4 the Acute Emergency Escalation Plan outlined in the Operational Pressures Escalation Levels Framework as published by NHS England.
Purchase the Customer’s booking of the Training Course(s) in accordance with the booking process as set out on the Website.
Services the provision of Training Courses as detailed upon Purchase, either in person or by digital or similar means, by the Trust to the Learner(s) together with the provision of all related Course Materials.
Specification the description or specification of the Training Course as specified on the Website by the Trust.
Trust Torbay and South Devon NHS Foundation Trust of Torbay Hospital, Lowes Bridge, Torquay, TQ2 7AA.
Training Course the package of training purchased by the Customer and delivered by the Trust to the Learner. This may be In Person, Live Virtual Stream, E-Learning, or Hybrid Training as specified within the relevant Specification upon Purchase via the Website.
User Account the account created for each Learner, upon a Training Course being allocated by the Customer.
VAT Value Added Tax as defined by the Value Added Tax Act 1994.
Website the website portal at www.hivehealthandcareacademy.co.uk via which the Training Course is purchased.
- Interpretation:
2.1. A reference to legislation or a legislative provision:
2.1.1. is a reference to it as amended, extended or re-enacted from time to time; and
2.1.2. shall include all subordinate legislation made from time to time under that legislation or legislative provision.
2.2. Any words following the terms including, include, inparticular, for example or any similar expression, shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.2.3. A reference to writing or written includes email or message notification via the Website but excludes fax.