Terms & Conditions

Terms of Sale | TTM Training

 

Last Modified: 29th August, 2018

 

These terms and conditions (the “Terms of Sale”) constitute the terms and conditions on which we provide Services (defined below) to you. Please read these carefully before you submit your order to us. The Terms of Sale tell you who we are, how we will provide the relevant Services to you, how you and/or we may change or end the Contract (defined below), what to do if there is a problem and other important information.

 

  1. General: In these Terms of Sale, references to:

(a) “Booking” means in relation to a given Training Course, any order completed by you and submitted to us using the Booking Form;

 

(b) “Booking Confirmation” means the email confirmation of the Booking provided by TTM Healthcare;

 

(c) “Booking Form” means the online form provided on the Website by TTM Healthcare by which means you may submit orders for Training Courses;

 

(d) “Day” means a day, Monday to Sunday inclusive;

 

(e) “Cancellation Event” means an act of God including but not limited to fire, flood, earthquake, windstorm or other natural disaster; an act of any sovereign including but not limited to war, invasion, act of foreign enemies, hostilities (whether war be declared or not), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, nationalisation, requisition, destruction or damage to property by or under the order of any government or public or local authority or imposition of government sanction embargo or similar action; law, judgment, order, decree, embargo, blockade; labour dispute including but not limited to strike, lockout or boycott; interruption or failure of utility service including but not limited to electric power, gas, water or telephone service; adverse weather conditions; illness of the Trainer; mechanical failure of any necessary equipment including without limitation hoists, inability of the Trainer for a given Training Course by reason of injury or otherwise to provide such Training Course in accordance with applicable laws and regulatory requirements (including health and safety laws) or any other event or circumstances beyond the reasonable control of TTM Healthcare or the Trainer;

 

(f) “Contract” has the meaning given to it in Clause 4.7 below;

 

(g) “Deposit” means in relation to a given Training Course, the minimum sum, being a portion of the Price, payable for that Training Course on Booking as set out on the Website from time to time;

 

(h) “Participant” means in relation to a given Training Course in respect of which you submit an order, the persons specified by you in the Booking Form submitted by you for that Training Course who are to participate in that Training Course;

 

(i) “Price” means in relation to a given Training Course the price payable for that Training Course as set out on the Website from time to time;

 

(j) “Services” means the service of arranging for the provision of, and, where applicable, providing the Training Courses;

 

(k) “Training Course” means any training course advertised on the Website from time to time and provided by a TTM Healthcare trainer or one of its approved affiliated training partners as selected by TTM Healthcare;

 

(l) “Trainer” means in relation to a given Training Course, any trainer or instructor selected by TTM Healthcare;

 

(m) “TTM Healthcare”/ “we”/ “our”/ “us” are references to TTM Healthcare Limited, a company incorporated under Irish law with company number 352065 and having its registered office at Information Age Centre, Ballymaley, Ennis, Co. Clare

 

(n) “you”/ “your” are references to the person who submits the order for a given Training Course or if that person is acting on behalf of a business such person and that business; and

 

(o) “Website” means this website <www.ttmtraining.com>.

 

  1. Contact Details:

2.1 You can contact us by telephoning our customer service team at 065 6869300 ext. 213 or by emailing us at training@ttmhealthcare.com.

 

2.2 If we have to contact you we will do so by telephone or by writing to you at the phone number or email address you provided to us in your order.

 

  1. Changes to Terms of Sale

We reserve the right in our sole discretion to change these Terms of Sale at any time. Any such changes will take effect immediately when posted on this website (the “Website”) (see date at top). It is your responsibility to read these Terms of Sale on each occasion you place an order on or through the Website and your submission of an order shall signify your acceptance to be bound by the latest Terms of Sale.

 

  1. Orders and Our Contract:

4.1. These Terms of Sale shall apply to all Contracts for the sale of Services on or through the Website to the exclusion of all other terms and conditions and subject to any other rules and restrictions which are made available to you and which you accept at the time your order is placed. It is your responsibility to familiarise yourself with our terms, policies and any other rules and restrictions.

 

4.2. When placing an order for a Training Course you can register with us which involves creating an account and providing certain information about you, the Participant. When paying a deposit for a Training Course you must register with us. In so doing, you agree and acknowledge to provide true, accurate, current and complete information about the Participant as prompted by the relevant registration form.

 

4.3. All orders must be submitted using the Booking Form. The latest time by which you may submit an order for a given Training Course is 24 hours before the time specified by you in your order for the commencement of that Training Course. To avoid disappointment, we recommend that you submit your order some weeks in advance.

 

4.4. The Training Courses are delivered in the Republic of Ireland only. Unfortunately, we do not accept orders from addresses outside of the Republic of Ireland.

 

4.5. By placing an order on or through the Website you are offering to purchase the Services specified in your order on and subject to these Terms of Sale.

 

4.6. You may not amend the details of any order submitted by you to us without our agreement in writing.

 

4.7. Our acceptance of your order will take place when we email you by means of the Booking Confirmation to accept it, at which point a Contract will come into existence between you and us with respect to the sale of the Services by TTM Healthcare to you. Each Contract in respect of each individual order is individual and separate from any other Contract entered into by TTM Healthcare and you from time to time.

 

4.8. If we are unable to accept your order, we will inform you in writing or by telephone in advance of the commencement date of the relevant Training Course of our inability to accept your order and will not charge you for the Services. This might be because of unexpected limits on our training staff’s resources which we could not reasonably plan for, because we have identified an error in the price or description of the Services, due to lack of availability, because we do not have sufficient interest in a given Training Course or in the case of Management of Actual & Potential Aggression (MAPA), MAPA refresher or Therapeutic Crisis Intervention (TCI) courses, if you are not a current employee of TTM Healthcare or currently seeking employment through TTM Healthcare, unfortunately we will be unable to accept your order as our membership of the Recruitment & Employment Federation (REC) imposes these conditions on us in the case of MAPA, MAPA refresher and TCI courses.

 

4.9. The selection of the Trainer to provide any Training Course in respect of which an order has been submitted is at the sole discretion of TTM Healthcare. TTM Healthcare shall be entitled at any time to substitute any Trainer with any other person, who in TTM Healthcare’s sole discretion, is deemed suitably qualified to present the relevant Training Course. The selection by TTM Healthcare of any of the Trainers does not constitute an endorsement by TTM Healthcare of that Trainer and no representation, warranty or undertaking is given by TTM Healthcare as to the skill and the competence of that Trainer.

 

  1. Cancellation Policy:

5.1. Cancellation by you following placing an order but before receipt of Booking Confirmation

(a) You shall have the right to cancel any order submitted by you for a given Training Course at any time before receipt of a Booking Confirmation by informing us of your decision to cancel by clicking on the cancel button located within your profile (https://www.ttmtraining.com/my-account/).

 

5.2. Cancellation by you after receipt of Booking Confirmation

(a) Subject to any entitlement under Clause 5.3(a), you also shall have the right to cancel any Contract for a given Training Course no later than 8 days before the scheduled commencement date for such Training Course by informing us of your decision to cancel by clicking on the cancel button located https://www.ttmtraining.com/my-account/ before the said cancellation period expires.

 

(b) You acknowledge and agree that you shall not have the right to cancel any Contract for a given Training Course less than 8 days before the scheduled commencement date for such Training Course, except pursuant to Clause 5.3(a).

 

5.3 Cooling-Off Period

(a) Subject to Clause 5.3(b), you have 14 days after the date of the Booking Confirmation (the “Cooling-Off Period”) to cancel your Contract with us without giving any reason. To exercise this right, you must inform us of your decision to cancel your Contract by clicking on the cancel button located https://www.ttmtraining.com/my-account/ before the relevant Cooling-Off Period expires.

 

(b) By placing your order for the given Training Course you have expressly consented to immediate performance of the Services and you acknowledge and agree that you will lose the right to cancel the Contract pursuant to Clause 5.3(a) or otherwise once the Training Course the subject of your Contract has commenced even if the relevant Cooling-Off Period is still running. You further acknowledge and agree that if you cancel the Contract after the Training Course the subject of your Contract has commenced, we are not obliged to reimburse you the Price or any portion of the Price (including any Deposit) already paid by you for the given Training Course.

 

5.4 Refund

(a) If you cancel your order in accordance with Clause 5.1(a), we will reimburse to you all payments received by us of the Price (including any Deposit) without undue delay and in any event not later than 14 days from the date on which we are informed of your decision to cancel the relevant order.

 

(b) If you cancel your Contract in accordance with Clause 5.2(b), the following reimbursement policy will apply:

(i) where we are notified of your decision to cancel the Contract up to 8 days before the commencement date of the relevant Training Course we will reimburse you all payments received by us of the Price (including any Deposit) without undue delay and in any event not later than 14 days from the date on which we are informed of your decision to cancel the relevant Contract;

 

(c) No reimbursement of the Price (or any Deposit) will be made if you inform us of your decision to cancel the Contract less than 8 days before the scheduled commencement date for a given Training Course, except where the provisions of Clause 5.3(a) apply.

 

(d) We will carry out any reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.

 

5.5. Other

(a) You acknowledge and agree that your order for a given Training Course may be cancelled if:

(i) by reason of a Cancellation Event or for other reasons outside of our reasonable control it is not possible for the Trainer for such Training Course to provide such Training Course in accordance with the Booking which has been made for such Training Course;

 

(ii) TTM Healthcare’s contract with the Trainer for that Training Course terminates before the scheduled commencement time for such Training Course; or

 

(iii) in the case of MAPA, MAPA refresher or TCI courses, if you are not a current employee of TTM Healthcare or currently seeking employment through TTM Healthcare as our membership of REC imposes these conditions on us in the case of MAPA, MAPA refresher and TCI courses.

 

(b) We will contact you in advance in writing or by telephone to inform you of any such cancellation unless the cancellation has arisen as a result of an emergency or an urgent matter arising.

 

(c) Within 7 days of such cancellation, we shall refund to you such portion of the Price (including any Deposit) actually paid by you to us for the Training Course in respect of which your order has been cancelled in accordance with Clause 5.2(a).

 

  1. Payment Provisions:

6.1. Each amount stated payable by you to TTM Healthcare under these Terms of Sale:

(a) shall be paid in euro;

 

(b) shall be paid in such manner as TTM Healthcare may from time to time stipulate on the Website;

 

(c) is inclusive of Value Added Tax (VAT); and

 

(d) be free of all withholdings of whatsoever nature except to the extent otherwise required by law, and if any withholding is so required, you shall pay to TTM Healthcare an additional amount such that after deduction of all amounts required to be withheld, the net amount actually received by TTM Healthcare shall equal the amount which TTM Healthcare would have received if the relevant withholding had not been required.

 

6.2 Prices and Fees:

In consideration of the agreement of TTM Healthcare to provide the Services, you shall pay the Price (including any Deposit) to TTM Healthcare in accordance with these Terms of Sale. Notwithstanding the generality of the foregoing:

(a) all Deposits must be paid to us on Booking;

 

(b) all payments of the Price or all remaining payments of the Price, as applicable, must be paid to us at least 8 days before the scheduled commencement date for a given Training Course;

 

(c) a Trainer is entitled not to proceed with any Training Course in respect of which the Price of the given Training Course has not been paid in full. Subject to Clause 5.3(a), no refund of any amount paid to us shall be payable by us by reason of the Trainer not so proceeding;

 

(d) no certificate will be presented to you for a given Training Course where the full Price of such Training Course has not been paid by you in accordance with these Terms of Sale.

 

6.3. Whilst we take all reasonable care to ensure that all details, descriptions and Prices which appear on the Website are accurate, errors may occur. If we discover an error in the Price of any Training Courses we shall endeavour to inform you of this as soon as possible and give you the option of reconfirming your order for that Training Course at the correct Price or cancelling it. If we were unable to contact you we shall treat the order for that Training Course as cancelled and shall refund such portion of the Price (including any Deposit) for the Training Course in respect of which your order has been cancelled as you have actually paid to us for the Training Course which is cancelled.

 

6.4. All Prices advertised on the Website are subject to change.

 

6.5. You represent, warrant and undertake that there are sufficient funds on the credit or debit card which you use to place your order to cover the total amount payable by you for the Training Courses which you have ordered.

 

  1. Your Details:

7.1. When placing an order you warrant, represent and undertake that:

(a) you are at least 18 years of age;

 

(b) all Participants on whose behalf you submit an order are 18 years of age or older;

 

(c) you have the consent and authority to act for and on behalf of all Participants who are included in any order submitted by you;

 

(d) all information you provide to us is true, complete and accurate;

 

(e) you are legally authorised to enter into contractual obligations;

 

(f) you are an authorised user of the credit or debit card used to place your order.

It is your responsibility (and not our responsibility or the responsibility of the Trainer) to update us with any changes to any information that you have submitted to us by emailing us at training@ttmhealthcare.com.

 

7.2. You shall inform TTM Healthcare at the time at which you submit your order for a given Training Course if any of the Participants is wheelchair bound, pregnant, has a back condition, has a heart condition or broken limbs or otherwise has any special physical or intellectual needs.

 

7.3. You may assign or transfer your place on a given Training Course for which you have received a Booking Confirmation to another person provided:

(a) you notify us by email at least 14 days prior to the commencement date of such Training Course of your decision to transfer or assign your place to that other person together with the name, address, telephone number and email address of that other person;

 

(b) that other person completes a Booking Form at least 8 days prior to the commencement date of the given Training Course wherein he/she acknowledges and agrees to these terms and conditions or sale of any amending version.

 

  1. Your Obligations:

8.1. You shall and you shall procure that, all Participants for whom you have submitted an order for a Training Course shall comply with the provisions of this Clause 8.1.

(a) Booking Confirmation:

You shall print off the Booking Confirmation and bring it with you and present it to the Trainer prior to the start of the Training Course. The Trainer is entitled not to proceed with any Training Course in respect of which a print out of the Booking Confirmation is not presented to him or her. No refund of any amount paid shall be payable by reason of the Trainer not so proceeding.

 

(b) Health and Safety:

(i) You acknowledge on your own behalf and on behalf of all Participants that TTM Healthcare is not responsible for the safety of any Participant while participating in or attending at any Training Course.

 

(ii) You warrant, represent and undertake that you and all Participants for whom you have submitted an order for a given Training Course are in good mental and physical health and you are unaware of any reason why you or any of them may be particularly unsuited to taking part in that Training Course. You acknowledge on your own behalf and on behalf of all Participants that any of our Training Courses may contain an element of risk and that such risk is beyond the control of TTM Healthcare.

 

(iii) Some Training Courses might not be suitable for persons who have a back condition, a heart condition, broken limbs or who are pregnant. No Participant who is pregnant, has a back condition, has a heart condition or broken limbs shall be permitted to participate in such a Training Course and you shall not submit any order for such Participant in relation to such a Training Course. The Trainer shall have the right to refuse to allow any Participant who is pregnant, has a back condition, has a heart condition or broken limbs to participate in any such Training Course and no refund of any amount paid shall be payable by reason of such refusal.

 

(iv) All Participants in any Training Course shall listen carefully to and take instruction from, the Trainer and their personnel.

 

(v) You must inform TTM Healthcare prior to the submission of your order for a Training Course of any Participant who has special physical or intellectual needs and the nature of those needs. If you submit an order for a Training Course without first explaining such needs in sufficient detail to enable TTM Healthcare and the Trainer to determine whether or not the Training Course is suitable for that Participant, your order in so far as it relates to that Participant shall be cancelled and no refund shall be payable by reason of such cancellation.

 

(vi) You shall advise TTM Healthcare of the needs of any Participant for a Training Course who uses a wheelchair prior to submitting an order. Some Training Courses have adapted facilities while others may need manpower to help the wheelchair bound person to access the training site. The Trainer shall have the right to refuse to allow any Participant in a wheelchair to participate in such Training Courses if TTM Healthcare has not been advised at the time you submit the order for such Training Course that such Participant is wheelchair bound and no refund of any amount paid shall be payable by reason of such refusal.

 

(vii) You shall wear and you shall procure that each Participant for a Training Course wears, appropriate clothing for such Training Course. You shall also wear and you shall procure that all Participants for a Training Course wear flat shoes. Runners, flip flops and open toed footwear which do not support the foot are not acceptable. The Trainer shall have the right to refuse to allow any Participant who is not appropriately dressed to participate in a Training Course and no refund of any amount paid shall be payable by reason of such refusal.

 

(c) Safety Rules and Personal Responsibility:

By placing an order on or through the Website, you agree to follow all applicable laws in relation to each Training Course for which you have submitted an order. You shall not be and you shall procure that none of the Participants are under the influence of alcohol, drugs or any other substances during a Training Course. The Trainer shall be entitled to refuse to allow any Participants to participate in a Training Course at any time if he or she reasonably believes that any Participants are under the influence of alcohol, drugs or any other substances. No refund of any amount paid shall be payable by reason of such refusal.

 

(d) Training Course:

(i) The Training Course will commence on the date and time stipulated in the Booking Confirmation. The estimate length of the Training Course will also be stipulated in the Booking Confirmation.

 

(ii) You and the other Participants shall arrive at the appointed place for a given Training Course 15 minutes before such Training Course is scheduled to start.

 

(iii) The Trainer shall have the right to refuse to allow a Participant who has not complied with the provisions of Clause 8.1(a) to (d) or arrived late for a Training Course or who has not paid in full for a Training Course to participate in the Training Course. Subject to the Terms of Sale, no refund of any amount paid shall be payable by reason of such refusal.

 

(iv) Participants who have successfully completed a Training Course will be presented with a certificate on the successful completion of the relevant Training Course. No certificate will issue to Participants who have not fully completed a Training Course. Certificates will be issued within 10 days from successful completion of the training course.

 

(v) Your attendance at, or successful completion of a Training Course does not guarantee you future employment with TTM Healthcare or any other employer.

 

  1. Limitation of Liability:

9.1. Subject to Clause 4.9, TTM Healthcare warrants that it will provide the Services with reasonable skill and care.

 

9.2. Subject to the provisions of Clause 10, to the fullest extent permitted by applicable laws, all other warranties, conditions or terms relating to the Services whether implied by statute or common law or otherwise, are excluded. Notwithstanding the generality of the foregoing, TTM Healthcare does not accept any responsibility whatsoever for any acts or omissions of a Participant arising out of or in connection with information provided at, or views expressed during any Training Course including any information contained in course materials. Any opinions expressed are those of the relevant Trainers and not necessarily those of TTM Healthcare. Participants should take specific advice or consult with a professional when dealing with specific situations.

 

9.3. Subject to the provisions of Clause 10 and without prejudice to the provisions of Clause 9.5, our total liability in contract, tort (including, without limitation, negligence) or otherwise arising out of or in connection with or in relation to services supplied under a given Contract or the supply or non-supply or purported supply or delay in supply of any services under such Contract or otherwise out of or in connection with or in relation to such Contract or any transaction or matter contemplated by such Contract shall be limited to the amount that is equal to the sum of the Price actually paid by you to us for the Services under that Contract. Subject to the provisions of Clause 10, the limitation of liability under this sub-clause has effect in relation both to any liability expressly provided for under a given Contract and to any liability arising by reason of the invalidity or unenforceability of any term of such Contract.

 

9.4. Subject to the provisions of Clause 10, we shall have no further liability, whether under these Terms of Sale or any Contract or on any other basis including liability in tort (including without limitation, negligence) as a result of the provision of the Services.

 

9.5. Subject to the provisions of Clause 10, you accept that TTM Healthcare will under no circumstances be held liable in contract, tort (including negligence) or otherwise for any loss or damage suffered or incurred by you or any of the Participants arising out of or in connection with the supply, non-supply or purported supply or delay in supplying any of the Training Courses by any of the Trainers.

 

9.6. Notwithstanding anything to the contrary in these Terms of Sale, subject to the provisions of Clause 10, we shall not be liable in contract, tort (including without limitation, negligence) or otherwise howsoever for any of the following losses or damage: (i) loss of revenue, (ii) loss of actual or anticipated profits, (iii) loss of contracts, (iv) loss of the use of money, (v) loss of anticipated savings, (vi) loss of business, (vii) loss of opportunity, (viii) loss of goodwill, (ix) loss of reputation, (x) loss of, damage to or corruption of data, or (xi) any indirect or consequential loss howsoever caused (including, for the avoidance of doubt, whether such loss or damage is of a type specified in sub-clauses (i) to (x) above); whether arising out of, or in connection with, or in relation to any services supplied under any Contract or the supply or non-supply or purported supply or delay in supply of any services under any Contract or otherwise out of or in connection with or in relation to any Contract or any transaction or matter contemplated by any Contract.

 

9.7. The Trainer for a given Training Course may have their own terms and conditions of business which contain their own exclusions of liability and you should ask for a copy of the same and review them prior to commencing such Training Course.

 

9.8. You acknowledge and agree that it is the sole responsibility of you and the Participants to satisfy yourself and themselves prior to your submission of an order for a given Training Course that such Training Course shall meet your and their requirements and needs. Subject to the provisions of Clause 10, TTM Healthcare makes no warranty or representation in that respect and no failure of any part or the whole of such Training Course to be suitable for the requirements or needs of you or any of the Participants, shall entitle you or any Participant to make any claim against TTM Healthcare.

 

  1. Non-Excludable Liability: We do not purport to limit or exclude any liability which may not be excluded or limited by applicable law including any statutory rights which cannot be legally excluded or limited, including the statutory rights of a consumer (to the extent that such statutory rights of the consumer cannot be legally excluded or limited).

 

  1. Force Majeure: TTM Healthcare shall not be liable to you in contract, tort (including, without limitation, negligence) or otherwise for any failure or delay in the performance of any of its obligations under any Contract which is caused by any Cancellation Event.

 

  1. Language: These Terms of Sale and each Contract are made only in the English language and any translation of the English language version of these Terms of Sale and each Contract are provided for convenience only. If there is any conflict in meaning between the English language version of these Terms of Sale and each Contract and any version or translation of these Terms of Sale and each Contract in any other language, the English language version shall prevail.

 

  1. No Agency: Nothing in these Terms of Sale or elsewhere shall be deemed to make TTM Healthcare the employee, agent, partner or trustee of you or any of the Participants for any purpose whatsoever.

 

  1. Partial Invalidity: If any terms of these Terms of Sale or any Contract is or becomes illegal, invalid or unenforceable in any jurisdiction, that shall not affect:

(a) the legality, validity or enforceability of any other term of these Terms of Sale or any Contract; or

 

(b) the legality, validity or enforceability in any other jurisdiction of that or any other of term of these Terms of Sale or any Contract.

 

  1. Law and Jurisdiction: These Terms of Sale, each Contract and any non-contractual obligations arising out of or in connection with them shall be governed by and construed in accordance with Irish law. The Irish courts shall have exclusive jurisdiction to hear, determine and settle any dispute arising out of or in connection with these Terms of Sale, any Contract or any related non-contractual obligations and the parties submit to the exclusive jurisdiction of the Irish courts for that purpose.