The following terms and conditions apply to all orders for the purchase of services from BrightStar Training.
If you have any questions relating to these terms and conditions, please contact us by phone on 0333 33 55 302 [1] or email ( enquiries@brightstartraining.co.uk).
These terms and conditions do not affect your statutory rights.
1. Definitions
1.1. “Attendee” means a person who is booked to attend a Course.
1.2. “Contract” means these terms and conditions, the application form which is completed by the Customer and the booking confirmation issued by BrightStar Training to the Customer.
1.3. “Course” means a first aid course, a first aid for mental health course, a safeguarding course or any similar course organised and run by BrightStar Training.
1.4. “Customer” means the purchaser of Services, being either an Organisation or an Individual, and, where the context so requires “Customer” also includes Attendees.
1.5. “DP Legislation” means all applicable laws and regulations relating to the processing of personal data and privacy including the General Data Protection Regulation (Regulation (EU) 2016/697), Data Protection Act 2018, and any statutory instrument, order, rule or regulation made thereunder.
1.6. “Group Course” means a Course booked by an Organisation, for the benefit of its staff or other members of the Organisation, and held at a location chosen by the Organisation.
1.7. “Individual” means a person who attends a Scheduled Course.
1.8. “Organisation” means a Customer which is a company, charity, organisation, or other group, including a family group, which books a Group Course or books places for Individuals on a Scheduled Course.
1.9. “Scheduled Course” means a Course held at BrightStar Training premises or premises chosen by BrightStar Training on which members of the public can book a place, and on which Organisations can book one or more places for their members or staff.
1.10. “Services” means all Courses, first aid products and any other related products or services supplied by BrightStar Training.
2. Fees and Payment
2.1. An Individual or Organisation booking a place on a Scheduled Course must make full payment at the time of booking when presented with an invoice from BrightStar Training.
2.2. An Organisation which books a Group Course, including an Organisation which books places for Individuals on a Group Course, will be issued with an invoice which the Organisation must pay in full at least 10 working days before the Course start date unless otherwise agreed in writing by BrightStar Training.
2.3. BrightStar Training reserves the right to withhold certificates, and the details of whether Attendees have passed the course, until full payment has been cleared.
2.4. BrightStar Training shall be entitled to vary their charges from time to time by giving not less than two months’ written notice to the Customer.
2.5. All charges quoted to the Customer for the provision of the Service are valid for 28 calendar days from the date of the quotation.
2.6. BrightStar Training reserve the right to charge interest on any overdue account at a rate of 4% over the base lending rate of Lloyds TSB Bank in force at the date of invoice. Such interest shall accrue on a daily basis both before and after any judgement.
3. Cancellations, Rescheduling and Substitution – General
3.1. Although every attempt is made to ensure that Courses do run, BrightStar Training may cancel or reschedule a Course at any time, particularly where Customer cancellations mean that the Course is no longer viable.
3.2. If BrightStar Training cancels a Course, it will inform the Customer of this as soon as possible and will give the Customer the option of attending the next available Course or of rescheduling a Group Course to the next mutually convenient date.
3.3. BrightStar Training does not accept any responsibility for individual qualifications which expire because of a cancelled Course nor for any travel, accommodation or other costs incurred by the Customer as a result of the course being cancelled.
3.4. BrightStar Training shall neither be liable to the Customer nor be deemed to be in breach of contract by reason of any delay in performing, or any failure to perform, any of BrightStar Training’s obligations in relation to the Service, if the delay or failure was due to any cause beyond their reasonable control, such as severe weather, where weather warnings have been issued, or other conditions that make it unsuitable to perform the Service.
3.5. Cancellations, requests to reschedule a Course or requests to substitute an Individual on a Scheduled Course can be made by phone (0333 33 55 302) or email ( courses@brightstartraining.co.uk). This applies to both Scheduled Courses and Group Courses.
4. Cancellations by an Organisation or Individuals
4.1. If an Organisation or Individual cancels a Group Course or an Individual place on a Scheduled Course at least 28 calendar days before the Course start date, BrightStar Training reserves the right to make a charge of 5% of the original charge for the Course or Place to cover administration.
4.2. If an Organisation or Individual cancels a Group Course or an Individual place on a Scheduled Course at least 14 calendar days but less than 28 days before the Course start date, BrightStar Training reserves the right to make a charge of 50% of the original charge for the Course or Place.
4.3. If an Organisation or Individual cancels a Group Course or an Individual place on a Scheduled Course within 14 calendar days of the Course start date, BrightStar Training reserves the right to make a charge of 100% of the original charge for the Course or Place.
5. Transfer of Individuals on Scheduled Courses
5.1. If an Organisation books places for Individuals on a Scheduled Course it may transfer one or more Individuals from one Scheduled Course to another Scheduled Course, once, without incurring a charge, provided that BrightStar Training receives this request to transfer at least 10 working days before the initial Scheduled Course start date.
5.2. If a request is made to transfer an Individual from one Scheduled Course to another Scheduled Course fewer than 10 working days before the start of the initial Scheduled Course, the Organisation or Individual booking the Course must pay for both Courses, unless the Individual is ill and the Organisation or Individual submits a medical certificate to BrightStar Training in respect of the Individual.
6. Rescheduling of Group Course
6.1. An Organisation may reschedule a Group Course without charge, provided that BrightStar Training receives the request at least 10 working days before the start date of the initial Group Course.
6.2. If a request to reschedule a Group Course is received within 10 working days of the Group Course start date, the Organisation will incur a charge of 50% of the initial Group Course fee.
7. Details of persons attending Courses
7.1. Customers are to provide details of the persons who will attend any Course either at the time of booking or as soon as possible after booking, using the registration form that shall be provided by BrightStar Training.
7.2. In all circumstances, Attendees’ details are to be provided to BrightStar Training at least 10 working days before the start of the Course unless the initial booking is made within this period; in this case, Attendees’ details are to be provided as soon as possible and not later than 24 hours before the start of the Course.
8. Course Timing and Booking Confirmation
8.1. Good time-keeping throughout the Course is essential and BrightStar Training reserves the right to refuse to allow an Individual to start or complete a course where they are late or absent for a substantial period of time.
8.2. BrightStar Training will email a booking confirmation to the booker which includes information about the start time of the Course.
8.3. If the booker does not receive a booking confirmation, it is the responsibility of the booker to contact BrightStar Training either by phone (0333 33 55 302) or email ( courses@brightstartraining.co.uk) to arrange for the booking confirmation to be re-sent.
8.4. If an Attendee fails to attend a Course because the booker did not receive a booking confirmation, the Customer must still pay the full cost of the Course.
8.5. It is the responsibility of the booker to ensure that the Attendee is fully briefed and made aware of these instructions about attendance, and all other Course requirements, before attending the Course.
8.6. BrightStar Training will email certificates and invoices to e-mail addresses provided. If a Customer requires additional copies, whether sent by post or email, the Customer will be required to pay an additional fee for these.
8.7. If a Customer requires BrightStar Training to send documentation outside the UK, the Customer may be required to pay an additional fee.
9. Attendance
9.1. Attendees must attend and complete all aspects of the Course to qualify for certification.
9.2. The full cost of the Course will be charged for Attendees who arrive late or are absent from all or part of the Course. This applies even if the Attendee is refused admittance due to lateness.
10. Meeting the needs of Attendees
10.1. BrightStar Training is committed to treating everyone fairly in order that every Attendee has an equal opportunity to access the training.
10.2. To enable BrightStar Training to ensure that all Attendees are treated fairly and their requirements are fully met, the Customer must tell BrightStar Training in advance of any special arrangements that an Attendee needs in order to enable the Attendee to participate fully in the training. In order that reasonable adjustments can be made, sufficient notice must be given by the Customer.
10.3. BrightStar Training does not provide any specialist equipment or personnel such as signers or translators; however, these can be sourced at the Customer’s own cost.
10.4. Where the Customer provides the venue for undertaking the Course, its suitability must be discussed and agreed with BrightStar Training at least 10 days prior to the start of the Course. The venue needs to be clean, well lit, well ventilated, heated when required, and have sufficient space for the number of Attendees to undertake practical work on the floor. Ready access to clean and adequate toilets and refreshment facilities is also required. Where a venue is found to be inadequate or unsafe for the purposes of running the course, BrightStar Training may cancel or agree to re-arrange the Course.
11. Attendee age, fitness and disposition
11.1. The duties of a first aider can be physically demanding. Therefore, all Attendees on first aid Courses who are required to hold a regulated first aid qualification must be:
11.1.1. physically able to provide colleagues with first aid, e.g. able to kneel on the floor and administer cardio pulmonary resuscitation, in line with the Health & Safety Executive’s (HSE) Approved Code of Practice,
11.1.2. free from any condition that would affect their participation in the Course and their ability to carry out the duties of a first aider,
11.1.3. reliable, with the necessary disposition and communication skills,
11.1.4. able to cope with stressful and physically demanding emergency procedures,
11.1.5. easily reachable in the event of an emergency at work, and
11.1.6. 16 years old or above.
11.2. Attendees who are unable to meet the above requirements or fail to meet the pre-set assessment criteria for the course will not be awarded a certificate and will not be able to act as first aiders in the workplace.
11.3. It is the responsibility of the Customer to select suitable persons to train to become first aiders in the workplace.
11.4. Attendees on all Courses will be expected to be conscientious and courteous to tutors, members of staff and other Attendees at all times. Disruptive behaviour that impedes the smooth running of the course, that may cause the tutor not to adhere to the timetable, or which disrupts the learning or welfare of other Attendees will be dealt with using two verbal warnings. Continued disruptive behaviour by the same Attendee would lead to their removal from the Course; in this case, no refund of the Course fee would be made and no certificate would be issued.
12. Re-certification
12.1. It is the responsibility of the Customer to ensure that Attendees attending a first aid re-certification Course hold proof of a current (in date) first aid at work certificate which is valid for the duration of the re-certification Course being attended.
12.2. If BrightStar Training issues a certificate to an Attendee on successful completion of a re-certification Course and subsequently finds out that the Attendee did not complete the initial first aid at work training, the re-certification certificate will be invalid, regardless of the success of the Attendee at the re-certification Course.
13. Limitation of liability
13.1. BrightStar Training warrants to the Customer that the service will be provided using reasonable care and skill. Where BrightStar Training supplies in connection with the provision of the Service any goods supplied by a third party, BrightStar Training does not give any warranty, guarantee or other term as to their quality, fitness for purpose or otherwise.
13.2. BrightStar Training shall have no liability to the Customer for any loss, damage, costs, expenses or other claims for compensation arising from instructions supplied by the Customer which are incomplete, incorrect, inaccurate, illegible, out of sequence or in the wrong form, or arising from their late arrival or non-arrival, or any other fault of the Customer.
13.3. BrightStar Training shall not be liable for any loss, damage, expense, injury or delay of any kind to the Customer, employee of the Customer or any third party, by any act, default or omission howsoever caused, except in insofar as such liability cannot be excluded by law.
13.4. Except in respect of death or personal injury caused by BrightStar Training’s negligence, BrightStar Training shall not be liable to the Customer by reason of any representation (unless fraudulent), or any implied warranty, condition or other term, or any duty at common law, or under these Terms and Conditions, for any loss of profit or any indirect, special or consequential loss, damage, costs, expenses or other claims (whether caused by the negligence of BrightStar Training, its servants or agents or otherwise) which arise out of or in connection with the provision of the Service or its use by the Customer.
13.5. BrightStar Training’s entire liability to the Customer under or in connection with the Contract and the provision of Services shall not exceed the sum of twice the price paid by the Customer for the Services. Nothing in this paragraph is intended to exclude any liability on the part of BrightStar Training for fraud.
14. Data protection
14.1. The provisions of this clause 14 shall apply to any disclosure by the Customer of personal data, including any sensitive personal data; as such terms are defined by the DP Legislation.
14.2. In the application and registration forms for a Course, the Customer will give to BrightStar Training the names, addresses, telephone numbers and email addresses of the booker and Attendees, and details of any medical conditions or learning needs that might affect the participation of an Attendee on a Course.
14.3. The personal data referred to in clause 14.2 will be used by BrightStar Training only for the purpose of Course administration. BrightStar Training may disclose this personal data to a sub-processor, Nuco Training and First Aid Awards (or any replacement organisation carrying out a similar task) which prints and posts paperwork such as certificates to Customers and regulates the Courses provided by BrightStar Training. Also, the personal data may be disclosed to external parties which manage the applications for Courses; for example, organisations which provide call recording and customer relationship management.
14.4. BrightStar Training shall have technical and organisational measures in place against unauthorised or unlawful processing of personal data and against accidental loss or destruction of, or damage to, personal data held or processed by it, appropriate to the harm that might result from such unauthorised or unlawful processing or loss, destruction or damage to personal data and the nature of the personal data.
14.5. BrightStar Training shall take all reasonable steps to ensure that staff that have access to personal data processed in connection with the Contract are reliable and properly trained.
14.6. BrightStar Training shall not transmit personal data to a country or territory outside of the European Economic Area without ensuring that such data is afforded adequate protection as required by the DP Legislation.
14.7. BrightStar Training shall notify the Customer as soon as possible and at least within 1 working day if BrightStar Training believes any breach or unauthorised disclosure of personal information has occurred.
14.8. BrightStar Training shall destroy all personal data relating to the Contract, using a secure method, when it is no longer needed for the Services being provided.
14.9. If BrightStar Training discloses personal data to a third party pursuant to clause 14.3 above, BrightStar Training will use its best endeavours to ensure that each body to which the personal data is disclosed process only in accordance with documented instructions and maintains equivalent measures and processes, including confidentiality obligations and security measures, to comply with the DP Legislation.
14.10. Contact details supplied to BrightStar Training will not be passed on to third parties, other than as outlined above for the effective delivery of the Service.
15. How to find out what personal information BrightStar Training holds about a Customer
15.1. The Customer can request details of the personal information that BrightStar Training holds about the Customer under the Data Protection Act 2018.
15.2. If the Customer would like a copy of the information that BrightStar Training holds about the Customer, or wants to update such information, the Customer should write to: BrightStar Training, Windrush, North Road, Widmer End, HIGH WYCOMBE, Buckinghamshire, HP15 6LQ, email enquiries@brightstartraining.co.uk or call BrightStar Training on 0333 33 55 302.
16. Complaints
16.1. If the Customer has any complaint about any of the services which BrightStar Training provides, the Customer should contact BrightStar Training using the contact details at clause 15.2 above.
16.2. BrightStar Training will try to resolve the complaint as soon as possible.
17. Alteration and Governing Law
17.1. BrightStar Training reserves the right to amend these Conditions without prior notification to the Customer. These conditions of trading shall be governed by English Law and the parties submit to the exclusive jurisdiction of the English Courts. Any alterations, modifications or extensions affecting the above clauses shall not be valid unless agreed by BrightStar Training and acknowledged in writing.
18. General
18.1. These conditions constitute the entire agreement between the parties, supersede any previous agreement or understanding and may not be varied except in writing between the parties. All other terms and conditions, express or implied by statute or otherwise, are excluded to the fullest extent permitted by law.
18.2. Any notice required or permitted to be given by either party to the other under these conditions shall be in writing addressed to the other party at its registered office or principal place of business or such other address as may at the relevant time have been notified pursuant to this provision to the party giving the notice.
18.3. No failure or delay by BrightStar Training in exercising any of its rights under the booking shall be deemed to be a waiver of that right, and no waiver by BrightStar Training of any breach of contract by the Customer shall be considered as a waiver of any subsequent breach of the same or any other provision.
18.4. If any provision of these conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these conditions and the remainder of the provision in question shall not be affected.
18.5. Any dispute arising under or in connection with these Conditions or the provision of the service shall be referred to arbitration by a single arbitrator appointed by agreement or (in default) nominated on the application by either party by the president for the time being of arbitrators.
[1] Under OFCOM regulations, calls to 0333 numbers cost no more than a national rate call to an 01 or 02 number and must count towards any inclusive minutes in the same way as 01 and 02 calls. These rules apply to calls from any type of line including mobile, BT, other fixed line or payphone.