Terms & Conditions

This agreement applies as between you, the User of this Website and First Response, the owner(s) of this Website. Your agreement to comply with and be bound by these Terms and Conditions is deemed to occur upon your first use of the Website. If you do not agree to be bound by these Terms and Conditions, you should stop using the Website immediately.

 

No part of this Website is intended to constitute a contractual offer capable of acceptance. Your order constitutes a contractual offer and our acceptance of that offer is deemed to occur upon our sending a dispatch email to you indicating that your order has been fulfilled.

 

1. Definitions and Interpretation:

In this Agreement the following terms shall have the following meanings:  

 

“Content”	Means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Website;
“First Response”	Means First Response Resuscitation and First Aid Training Limited of 86 Shirehampton Road, Stoke Bishop, Bristol, BS9 2DR;
“Service”	Means collectively any online facilities, tools, services or information that First Response makes available through the Website either now or in the future;
“Services”	Means the services available to you through this Website, specifically the provision of resuscitation, defibrillation and anaphylaxis courses and facilities;
“Payment Information”	Means any details required for the purchase of Services from this Website.  This includes, but is not limited to, credit/debit card numbers, bank account numbers and sort codes;
“Purchase Information”	Means collectively any orders, invoices, receipts or similar that may be in hard copy or electronic form;
“Premises”	Means our place(s) of business located at 9 Counterpool Road, Kingswood, Bristol, BS15 8DQ;
“System”	Means any online communications infrastructure that First Response makes available through the Website either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;
“User”/“Users”	Means any third party that accesses the Website and is not employed by First Response and acting in the course of their employment; and
“Website”	Means the website that you are currently using (www.firstresponse.org.uk) and any sub-domains of this site unless expressly excluded by their own terms and conditions.

 

2. Age Restrictions:

Persons under the age of 18 should use this Website only with the supervision of an Adult.

 

3. Private Customers:

These Terms and Conditions do not apply to customers procuring Services not in the course of business.

 

4. Intellectual Property:

4.1. Subject to the exceptions in Clause 5 of these Terms and Conditions, all Content included on the Website, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of First Response, our affiliates or other relevant third parties. By continuing to use the Website you acknowledge that such material is protected by applicable United Kingdom and International intellectual property and other laws.

4.2. Subject to Clause 6 you may not reproduce, copy, distribute, store or in any other fashion re-use material from the Website unless otherwise indicated on the Website or unless given express written permission to do so by First Response.

 

5. Third Party Intellectual Property:

5.1. Unless otherwise expressly indicated, all Intellectual Property rights including, but not limited to, Copyright and Trademarks, in product images and descriptions belong to the manufacturers or distributors of such products as may be applicable.

5.2. Subject to Clause 6 you may not reproduce, copy, distribute, store or in any other fashion re-use such material unless otherwise indicated on the Website or unless given express written permission to do so by the relevant manufacturer or supplier.

 

6. Fair Use of Intellectual Property:

Material from the Website may be re-used without written permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 apply.

 

7. Links to Other Websites:

This Website may contain links to other sites. Unless expressly stated, these sites are not under the control of First Response or that of our affiliates. We assume no responsibility for the content of such web sites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.

 

8. Links to this Website:

Those wishing to place a link to this Website on other sites may do so only to the home page of the site www.firstresponse.org.uk without prior permission. Deep linking (i.e. links to specific pages within the site) requires the express permission of First Response. To find out more please contact us by email at This email address is being protected from spambots. You need JavaScript enabled to view it..

 

9. Use of Communications Facilities:

When using any sort of form, such as a booking form or any other System on the Website you should do so in accordance with the following rules:

9.1.You must not use obscene or vulgar language; 

You must not submit Content that is unlawful or otherwise objectionable. This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;

9.2. You must not submit Content that is intended to promote or incite violence;

9.3. It is advised that submissions are made using the English language(s) as we may be unable to respond to enquiries submitted in any other languages;

9.4. The means by which you identify yourself must not violate these Terms and Conditions or any applicable laws;

9.5. You must not impersonate other people, particularly employees and representatives of First Responseor our affiliates; and

9.6 You must not use our System for unauthorised mass-communication such as “spam” or “junk mail”.

9.7 You acknowledge that First Response reserves the right to monitor any and all communications made to us or using our System.

9.8 You acknowledge that Response may retain copies of any and all communications made to us or using our System.

9.9. You acknowledge that any information you send to us through our System or post on the booking form may be modified by us in any way and you hereby waive your moral right to be identified as the author of such information. Any restrictions you may wish to place upon our use of such information must be communicated to us in advance and we reserve the right to reject such terms and associated information.

 

10. Termination and Cancellation:

10.1. First Response reserves the right to cancel orders or payments without stating reasons, for any reason prior to processing payment or commencing Services provision.

10.2. You have the right to cancel your order for the Services within a statutory 7 working day cooling-off period.  This period begins when you receive written confirmation of your order from First Response. If the provision of the Services commences within the cooling-off period, your right to cancel under this provision shall end.

10.3. If orders or payments are cancelled for any reason prior to commencement of Services provision, and within the 7 day notice period, you will be refunded any monies paid in relation to those purchases.

 

11. Services, Pricing and Availability:

11.1. Whilst every effort has been made to ensure that all descriptions of Services available from First Response correspond to the actual Services, First Response is not responsible for any variations from these descriptions. This does not exclude our liability for mistakes due to negligence on our part and refers only to variations of the correct Services, not different Services altogether. Please refer to sub-Clause 12.4 for incorrect Services.

11.2. First Response does not represent or warrant that such Services will be available. Availability indications are provided on the Website.

11.3. Any pricing information on the Website is correct at the time of going online. First Response reserves the right to change prices and alter or remove any special offers from time to time and as necessary. All pricing information is reviewed and updated periodically.

11.4. In the event that prices are changed during the period between an order being placed for Services and First Response processing that order and taking payment, you will be contacted prior to your order being processed with details of the new price.

11.5. Certain E-Learning modules are only available to specific course attended, specifically by doctors and dentists. Course codes and payment receipts may be required to participate.

11.6. Discounts and offers available via our mobile App at https://cms.appinstitute.com, the Apple App Store and Google Play are only available via our App, and must be redeemed/booked between the dates stated in the App. Bookings must be made online and the unique App code must be given at time of booking. Places are subject to availability. See the booking section of this website for the total number of places available for the course on offer. A confirmation email will be sent to you confirming your discount.

 

12. Provision of Services:

12.1. Provision of Services shall commence when full payment has been received or as otherwise detailed in the Terms & Conditions pertaining directly to those Services.

12.2. First Response shall use its best endeavours to provide the Services with reasonable skill and care.

12.3. Provision of all Services shall be subject to the terms and conditions pertaining directly to those Services. In the event that Services are provided that are not in conformity with your order and thus incorrect, you should contact us within 10 days to inform us of the mistake. First Response will ensure that any necessary corrections to the Services provided are made within 7 working days.

12.4. First Response reserves the right to exercise discretion with respect to any alterations to Services under the provisions of this Clause 12. Factors which may be taken into account in the exercise of this discretion include, but are not limited to:

12.4.1. Any use or enjoyment that you may have already derived from the Services;

Any characteristics of the Services which may mean that cessation of provision is impossible without significant further work on the part and at the expense of First Response.

12.4.2. Such discretion to be exercised only within the confines of the law.

12.5. E-Learning modules have a 12-month limit for completion from receipt of certificate, but it is the right of First Response to change these terms and/or the content within at their own discretion.

 

13. Privacy:

13.1. Use of the Website is also governed by our http://www.firstresponse.org.uk/index.php/terms-a-conditions/44 which is incorporated into these terms and conditions by this reference. To view the Privacy Policy, please click on the link above.

 

14. Disclaimers:

14.1. First Response makes no warranty or representation that the Website will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Service or Services.

14.2. No part of this Website is intended to constitute advice and the Content of this Website should not be relied upon when making any decisions or taking any action of any kind.

14.3. No part of this Website is intended to constitute a contractual offer capable of acceptance.

14.4. Whilst First Response uses reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, all Users are advised to take responsibility for their own security, that of their personal details and their computers.

 

15. Changes to the Service and these Terms and Conditions:

First Response reserves the right to change the Website, its Content or these Terms and Conditions at any time. You will be bound by any changes to the Terms and Conditions from the first time you use the Website following the changes. If First Response is required to make any changes to Terms and Conditions by law, these changes will apply automatically to any orders currently pending in addition to any orders placed by you in the future.

 

16. Availability of the Website:

16.1. The Service is provided “as is” and on an “as available” basis.  We give no warranty that the Service will be free of defects and / or faults.  To the maximum extent permitted by law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.

16.2. First Response accepts no liability for any disruption or non-availability of the Website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.

 

17. Limitation of Liability:

17.1. To the maximum extent permitted by law, First Response accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Website or any information contained therein. Users should be aware that they use the Website and its Content at their own risk.

17.2. Nothing in these Terms and Conditions excludes or restricts First Response’s liability for death or personal injury resulting from any negligence or fraud on the part of First Response.

17.3. Nothing in these Terms and Conditions excludes or restricts First Response’s liability for any direct or indirect loss or damage arising out of the incorrect provision of Services or out of reliance on incorrect information included on the Website.

17.4. Whilst every effort has been made to ensure that these Terms and Conditions adhere strictly with the relevant provisions of the Unfair Contract Terms Act 1977, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these Terms and Conditions and shall not affect the validity and enforceability of the remaining Terms and Conditions.  This term shall apply only within jurisdictions where a particular term is illegal.

 

18. No Waiver:

In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.

 

19. Previous Terms and Conditions:

In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.

 

20. Third Party Rights:

Nothing in these Terms and Conditions shall confer any rights upon any third party.  The agreement created by these Terms and Conditions is between you and First Response.

 

21. Communications:

21.1. All notices/communications shall be given to us either by post to our Premises (see address above) or by email to This email address is being protected from spambots. You need JavaScript enabled to view it.. Such notice will be deemed received three days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.

22.2. First Response may from time to time send you information about our products and/or services. If you do not wish to receive such information, please click on the Unsubscribe link in any email you receive from us.

 

22. Law and Jurisdiction:

These Terms and Conditions and the relationship between you and First Response shall be governed by and construed in accordance with the Law of England and Wales and First Response and you agree to submit to the exclusive jurisdiction of the Courts of England and Wales.

 

Course Terms and Conditions

This information below (together with the documents referred to on it) tells you the terms and conditions on which we supply any of the courses (Courses) listed on our website http://www.firstresponse.org.uk/(our site) to you. 

 

Please read these terms and conditions carefully before ordering any Products from our site. You should understand that by ordering any of our Courses, you agree to be bound by these terms and conditions. You should print a copy of these terms and conditions for future reference.

Please click on the button marked ‘I have read the terms and conditions’ at the end of these terms and conditions if you accept them. Please understand that if you refuse to accept these terms and conditions, you will not be able to order any Courses from our site if and when they are publicised.

1.   Information about us:

1.1. http://www.firstresponse.org.uk/ is a site operated by First Response Resuscitation & First Aid Training Limited (we). We are registered in England and Wales under company number 06983048 and with our registered office at 86 Shirehampton Road Stoke Bishops Bristol BS9 2DR.

1.2. We are accredited by the Health & Safety Executive under number 1/00. We are ISO 9001, OHSAS 18001, ISO 14001.

 

2.   Service availability:

Our site is only intended for use by people resident in the European Economic Area. We do not accept orders from individuals outside the European Economic Area. By placing an order through our site, you warrant that:
     (a)     You are legally capable of entering into binding contracts; and
     (b)     You are at least 18 years old;
     (c)     You are resident in the European Economic Area; and
     (d)     You are accessing our site from the European Economic Area.

 

3.   How the contract is formed between you and us:

3.1. After placing an order, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a Product. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the Product has been ordered (the Order Confirmation). The contract between us (Contract) will only be formed when we send you the Order Confirmation.

3.2. The Contract will relate only to those Courses whose order we have confirmed in the Order Confirmation. We will not be obliged to supply any other Courses which may have been part of your order until the order of such Products has been confirmed in a separate Order Confirmation.

 

4.   Price and payment:

4.1. The price of any Courses will be as quoted on our site from time to time, except in cases of obvious error. These prices are exempt of VAT as we are not VAT registered.

4.2. When available and published, payment for all Courses booked online must be made at the time of booking by credit or debit card.

4.3. For bookings made other than online payment of the course fee is due 30 days from the date of the invoice or before the relevant course date set out in the Order Confirmation whichever is the sooner.

4.5. You, and the organisation placing the booking, shall be jointly and severally liable for payment of the course fee.

4.6. Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you an Order Confirmation.

4.7. Our site contains a variety of Courses and sometimes with pricing, and it is always possible that, despite our best efforts, some of the Courses listed on our site may be incorrectly priced. Where applicable, we will normally verify prices as part of our order procedures so that, where a Courses correct price is less than our stated price, we will charge the lower amount when ordering the Courses to you.  If a Course’s correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before ordering the Course, or reject your order and notify you of such rejection.

4.8. We are under no obligation to provide the Course to you at the incorrect (lower) price, even after we have sent you an Order Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a miss-pricing.

 

5.   Cancellation & Refunds:

5.1. To cancel a Contract, you must inform us in writing. All cancellations must be in writing.

5.2. If you are contracting as a consumer, you may cancel a Contract at any time within seven working days, beginning on the day after you receive the Order Confirmation.

5.3. For bookings cancelled at least 30 days prior to the relevant course date set out in the Order Confirmation we will refund the course fee.

5.4. For bookings cancelled less then 30 days prior to the relevant course date set out in the Order Confirmation the course fee remains payable and is non-refundable.

5.5. We reserve the right to alter the Course content or venue where necessary. Should we have to cancel a course we do not accept responsibility for travel, accommodation or other costs which may be incurred by you. This provision does not affect your statutory rights.

5.6. We will usually refund any money received from you using the same method originally used by you to pay for your purchase.

5.7. Nothing in this clause shall affect your statutory rights.

 

6.   Availability and delivery:
Your order will be performed on the date set out in the Order Confirmation unless there are exceptional circumstances.  

 

7.   Our liability:

7.1. We warrant to you that any Product purchased from us through our site is of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied.

7.2. Our liability for losses you suffer as a result of us breaking this agreement is strictly limited to the purchase price of the Course you purchased.

7.3. This does not include or limit in any way our liability:

        (a) For death or personal injury caused by our negligence;
        (b) Under section 2(3) of the Consumer Protection Act 1987; 
        (c) For fraud or fraudulent misrepresentation; or
        (d) For any matter for which it would be illegal for us to exclude, or attempt to exclude,

             our liability.

7.4. We are not responsible for indirect losses which happen as a side effect of the main loss or damage and which are not foreseeable by you and us including but not limited to:

        (a) Loss of income or revenue
        (b) Loss of business
        (c) Loss of profits or contracts
        (d) Loss of anticipated savings
        (e) Loss of data
        (f)  Loss of data, or
        (g)  Waste of management or office time however arising and whether caused by tort

              (including negligence), breach of contract or otherwise; provided that this clause 7.4

              shall not prevent claims for loss of or damage to your tangible property that fall within

              the terms of clause 7.1 or clause 7.2 or any other claims for direct financial loss that

              are not excluded by any of categories (a) to (g) inclusive of this clause 7.4.

 

8.   Written communications:
Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

 

9.   Notices:
All notices given by you to us must be given to First Response Resuscitation & First Aid Training Limited at our registered office. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 8 above. Notice will be deemed received and properly served immediately when posted on our website, 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.

 

10.   Transfer of rights and obligations:

10.1. The contract between you and us is binding on you and us and on our respective successors and assigns.  

10.2. You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.  

10.3. We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.

 

11.   Events outside our control:

 11.1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event). 

11.2. A Force Majeure Event includes any act, event, non-happening, omission or accident beyond

        our reasonable control and includes in particular (without limitation) the following:
       (a) Strikes, lock-outs or other industrial action.
       (b) Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war

            (whether declared or not) or threat or preparation for war.
       (c) Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster. 
       (d) Impossibility of the use of railways, shipping, aircraft, motor transport or other means of

            public or private transport.
       (e) Impossibility of the use of public or private telecommunications networks.
       (f)  The acts, decrees, legislation, regulations or restrictions of any government.

11.3. Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period.  We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.

 

12.   Waiver:

12.1. If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.

12.2. A waiver by us of any default shall not constitute a waiver of any subsequent default.

12.3. No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clauses 8 and 9 above.

 

13.   Severability:

If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

 

14.   Rights of Third Parties:

A person who is not a party to this agreement shall not have any rights under or in connection with it.

 

15.   Entire agreement:

15.1. These terms and conditions and any document expressly referred to in them constitute the whole agreement between us and supersede any previous arrangement, understanding or agreement between us, relating to the subject matter of any Contract.

15.2. We each acknowledge that, in entering into a Contract, (and the documents referred to in it), neither of us relies on any statement, representation, assurance or warranty (Representation) of any person (whether a party to that Contract or not) other than as expressly set out in these terms and conditions.

15.3. Each of us agrees that the only rights and remedies available to us arising out of or in connection with a Representation shall be for breach of contract as provided in these terms and conditions.

15.4. Nothing in this clause shall limit or exclude any liability for fraud.

 

16.   Our right to vary these terms and conditions:

16.1. We have the right to revise and amend these terms and conditions from time to time to effect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities.

16.2. You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Order Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).

 

17.   Law and jurisdiction:

Contracts for the purchase of Courses through our site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.