Terms and Conditions for sale and supply of services
1. ABOUT US
1.1 HELP First Aid is the trading name of HELP First Aid Training, a Canadian Red Cross authorized training partner, registered in Collingwood, Ontario Canada, (the “Supplier”). The Supplier has a principal office at 385 High St, and is registered for GST/HST under the number NO. 820227320.
2. APPLICATION OF TERMS
2.1 By placing an order either through the Supplier’s Website (“Site”) or catalogue (“Catalogue”) you accept these Terms and offer to buy the Services from and enter into a binding contract with the Supplier. Your order constitutes an offer to the Supplier to buy the Services. All orders are subject to acceptance by the Supplier, and the Seller will confirm receipt of your order by sending you an acknowledgement of your order, and will then confirm acceptance of your order by sending you an e-mail or fax confirming the order (“Order Confirmation”). A contract will only be formed between the Supplier and you once you receive the Order Confirmation.
2.2 Unless otherwise agreed in writing, these Terms are the only conditions upon which the Supplier is prepared to supply the Services to you. These Terms shall constitute the whole agreement between the Supplier and you, and shall govern the contract between the Supplier and you (the “Contract”) to the entire exclusion of all other terms or conditions (including your terms and conditions or those implied by trade, custom or practice).
3.1 The Services are the educational and training courses offered in the Catalogue and Site and under the Contract (the “Services”).
3.2 In consideration for the Services, you agree to pay the Supplier the Price in accordance with the Payment Clause 5 below. The price for the Services is exclusive of federal and provincial sales tax (GST/HST), unless otherwise specified. The price and taxes are payable by you to the Supplier under the Contract for the full and proper performance by the Supplier of the Contract (the “Price”).
3.3 The Site and the Catalogue may display prices with tax excluded or included, at the Supplier's discresion. However, the Order Confirmation will provide details of tax excluded prices, amount of taxes applied, and final prices with taxes included. It is your responsibility to produce satisfactory evidence regarding the VAT status of any supply. The Services will conform in all material respects with the description of the Services set out on the Site or in the Catalogue. You must satisfy yourself in relation to the suitability of any Services ordered. The Supplier reserves the right to amend the specification of Services or withdraw Services products from, the Catalogue and Site at any time without notice.
3.4 GST/HST will be charged at the current rate applicable at the time your payment is processed, where appropriate.
3.5 The Supplier reserves the right to amend its Prices without prior notice and the Price applicable to the Services shall be the Price stated on the Site or in the Catalogue at the time you received the Order Confirmation. If you have placed an order and the Supplier subsequently requires to vary the Price of the Services, the Supplier will honour the Price for the Services detailed in your Order Confirmation.
3.6 If Supplier offers price reduction on part of course fee when enrolling in multiple courses, (Course Package), you must complete all components of Course Package to be entitled to package price. If you do not complete all package components, or cancel individual components of the package, you will be required to pay the current price for each of the components of said Course Package, received, at the current sell rate.
4.1 The Supplier will endeavour to supply the Services on the dates outlined in the Catalogue or on the Site and will advise you of any anticipated changes to, delays with the course dates or the dates otherwise agreed with you. However, the Supplier does not accept liability for the consequences of any change or delay to course dates provided that reasonable notice of such changes or delay has been given to you.
5. PAYMENT AND DELIVERY
6. TRANSFERS, CANCELLATIONS, REFUNDS AND LIABILITY
5.1 All course fees (the “Course Fees”) must be paid in advance at the time of booking, unless otherwise specified. To minimize disruptions to classes, no payment will be accepted in class, unless special arrangement has been made with the Supplier.
5.2 The amount of Course Fees will be notified to you by the Supplier at the time you make a request to book the Services.
5.3 For payments of Course Fees made by credit or debit cards, Course Fees will be chargeable once the Supplier has sent the Order Confirmation to you.
5.4 If you are paying Course Fees by credit or debit card, payments are subject to the following conditions:
5.4.1 the Supplier will not accept liability if payment is refused or declined by the credit/debit card supplier for any reason; and
5.4.2 if the credit/debit card supplier declines payment, the Supplier will inform you that this has occurred and the Contract will be terminated at this point unless the Supplier authorises an alternative method of payment.
5.5 Any Course Fees paid by you in respect of the Services ordered will:
5.5.1 if you cancel an order, be applied towards your method of payment, minus any applicable fees;
5.5.2 if the Supplier cancels any of the Services due to Force Majeure (as set out in Clause 11) or for any other reason, the Supplier will cancel your order and refund any Course Fees paid by you; and
5.5.3 for the avoidance of doubt, any Course Fees retained by the Supplier on cancellation may not be used as a Course Fees or part payment for any other order unless specifically agreed between the Supplier and you.
5.6 Following payment of the Deposit by you to the Supplier, the remainder of the Price will be due for payment at the time advised to you by the provider of the course. If you are requested to pay upon your attendance at the course, you may pay the remainder of the Price directly to the provider of the course by cash or credit card.
6.1.1 If you wish to transfer to another course of the same date, or another candidate is to be substituted after the booking has been submitted, no charge will be applied for the first transfer or substitution provided the Supplier is notified not less than four days prior to the Course Start Date. Any subsequent transfers or substitutions, or those made within four days of the Course Start Date, will incur a fee of $25.
6.1.2 If you wish to transfer to the same or a different course of a different date after the booking has been submitted, no charge will be applied for the first transfer or substitution provided the Supplier is notified not less than four days prior to the Course Start Date. Any subsequent transfers or substitutions, or those made within four days of the Course Start Date, will incur a fee of $25. If the transfer or substitution was made within 48 hours of the Course Start Date, you will incur a fee of $30 or 50% of the Course Fee, whichever is greater.
6.1.3 Cancellations made by you after a transfer or substitution has been made will be charged at the full course fee plus the transfer fee.
220.127.116.11 For customers who are not ordering the course in connection with their business or trade (“Consumers”), you may cancel your order in accordance with the conditions outlined in 6.2.2.
6.2.2 Should circumstances require you to cancel your order and you are unable to transfer your booking to another date at the time of cancellation, this Clause 6.2.2 and the following charges will apply:
| Notice Period
|| Cancellation Fee Charged (Percentage of Course Fee Charged)
| Less than five working days prior to the Course Start Date
|| No refund of purchase price.
| Between five working days and ten working days prior to the Course Start Date
|| 50% of Price
|More than ten working days prior to the Course Start Date
|| Full refund minus $35 to cover administrative costs and processing fees charged by credit card companies.
6.2.3 Any cancellations must be made in writing and received by the Supplier before the Course Start Date and in accordance with the timescales outlined above.
6.2.4 If the Supplier, requires to cancel the Services for any reason, you will be given as much notice as possible and you will be entitled to either a free transfer to another course or a full refund of the Course Fees paid.
6.3.1 If you do not attend a course, and you have not provided the Supplier with any notice for your reason for non-attendance, the full fee for the Services remains payable.
6.4 Late arrivals/missed sessions
6.4.1 100% course attendance is required, as mandated by the Canadian Red Cross. If you arrive late for a course or are absent from any session, the Supplier reserves the right to refuse to accept you for training or to issue a certificate of completion of training, if the Supplier feels you will gain insufficient knowledge or skills in the time remaining. In all such cases, the full course fee remains payable.
6.5.1 If you subscribe to a re-certification course you must provide proof of a current certificate which is valid until the final assessment date of the course. If your certificate is not valid for the entire duration of the course, you may not be accepted and candidates may be refused entry. If you are refused entry on this basis and the required notification period for cancellation has expired, the full course fee will be charged.
6.6 Nothing in these terms and conditions excludes or limits the liability of the Supplier for death or personal injury caused by the Supplier's negligence, or excludes the Supplier’s liability for fraudulent misrepresentation.
6.7 Refunds, if applicable, will only be made:
6.7.1 if you paid by credit/debit card, to the debit/credit card used for the original transaction or;
6.7.2 if you paid by email moneytransfer, directly to your bank account.
6.8 The Supplier shall, in no circumstances, be liable to you in contract, delict (including negligence) warranty or otherwise, in respect of any of the following losses or damage (whether such losses or damages were foreseen, foreseeable, known or otherwise):
6.8.1 losses that were not foreseeable to both parties when the contract was formed;
6.8.2 losses that were not caused by any breach on the part of the Supplier;
6.8.3 loss of business profits, salary, business revenue, goodwill, or anticipated savings; or
6.8.4 loss which could have been avoided by you through reasonable conduct.
6.9 The Supplier shall, in no circumstances, be liable to Business Customers in contract, delict (including negligence) warranty or otherwise, in respect of any of the following losses or damage (whether such losses or damages were foreseen, foreseeable, known or otherwise) for any indirect or consequential loss or damage.
7.1 The Contract may be terminated by the Supplier with immediate effect if:
8. DATA PROTECTION
7.1.1 you fail to pay the Course Fees in accordance with these Terms and subject to the Payment terms and conditions outlined above
7.1.2 you in any way bring into disrepute the name, the reputation, the interests of, the employees of or the goods and Services of the Supplier.
7.2 The Contract may be terminated by either party by written notice with immediate effect if either of the following has occurred and is continuing:
7.2.1 either party commits a material breach that it fails to remedy within 30 days of being requested to do so by the other party; or
7.2.2 either party ceases to carry on its activities, becomes unable to pay its debts when they fall due, becomes or is deemed insolvent, has a receiver, manager, administrator, administrative receiver or similar officer appointed in respect of the whole or any part of its assets or business, makes any composition or arrangement with its creditors, takes or suffers any similar action in consequence of debt, an order or resolution is made for its dissolution or liquidation (other than for the purpose of solvent amalgamation or reconstruction) or enters into liquidation whether compulsorily or voluntarily or shall suffer any analogous event under any jurisdiction which it is.
7.3 Notwithstanding termination of the Contract for any reason you will continue to be liable for that proportion of the price attributable to those Services provided up until the date of termination.
9.1 All warranties, conditions and other terms whether express or implied by statute or common law are, to the fullest extent permitted by law, excluded from the contract.
10.1 The Supplier may at any time assign the Contract or any of the Supplier’s rights or obligations under it.
11. FORCE MAJEURE
11.1 The Supplier reserves the right to defer the Course Start Date or to cancel the Contract if it is prevented from or delayed in carrying on its business by acts, events, omissions or accidents beyond its reasonable control including, without limitation, strikes, lock-outs, or other industrial disputes (whether involving the workforce of the Supplier or any other party), failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, environmental or ecological event (including without limitation volcanic ash), storm or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials.
12. WRITTEN COMMUNICATIONS
12.1 Applicable laws require that some of the information or communications the Supplier sends to you should be in writing. When using the Site, you accept that communication with the Supplier will be mainly electronic. The Supplier will contact you by e-mail or provide you with information by posting notices on the Site. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that the Supplier provides to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
13.1 All notices given by you to the Supplier must be sent to HELP First Aid, 385 High Street, Collingwood, ON L9Y 5H5 or via the email address firstname.lastname@example.org. The Supplier may give notice to you at either the e-mail or postal address you provide to the Supplier when placing an order. Notice will be deemed received and properly served immediately when posted on the Site, 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.
14.1 The Supplier has to right to revise and amend these Terms from time to time without notice.
15.1 If and in so far as any part or provision of these Conditions is void or unenforceable it shall be deemed not to be or never to have been or formed a part of the Contract and the remaining provisions of the Contract shall continue in full force and effect.
16.1 The failure of either party to exercise or enforce any right conferred on that party by the Contract shall not be deemed to be a waiver of any such right or operate to bar the exercise or enforcement thereof at any time or times thereafter.
17. THIRD PARTY RIGHTS
17.1 Save to the extent expressly set out in the Contract, the Contract is not intended to nor shall it create any rights, entitlement, claims or benefits enforceable by any person that is not a party to it.
18.1 By subscribing to the courses in English from the Supplier, you acknowledge and agree that the Services and course material will be delivered exclusively in English.
19. WEBSITE USE DISCLAIMER
19.1 In no circumstances shall the Supplier, its Directors, officers, employees or contractors be responsible or liable for any loss or damages whatsoever, including (without limiting the generality of the foregoing) any direct, indirect, incidental, special, punitive or consequential damages, arising from or in connection with your use of, access to or your reliance on, or your inability to use or access, this Site, any contents of this Site, any external links on this Site, any website linked to this Site, or any contents thereof, or any website linking to this Site, or any contents thereof.
20. GOVERNING LAW
20.1 The Contract shall be governed by and construed in accordance with federal and Ontario laws, and the parties hereby submit to the exclusive jurisdiction of courts in the Town of Collingwood.