Guild of Dog Trainers

Guild of Dog Trainers

Training Britain's Pet Dogs and Inspiring Dog Owners to Learn

Courses Terms and Conditions

Conditions for Course Enrolment

I understand and I agree to comply with all of its terms. I agree to comply with all GODT policies and rules contained therein. I agree that no binding promises, representations or statements have been made to me by GODT or any employee of GODT regarding any aspect of the education and training I will receive from the GODT other than those in the Course Pack, Enrolment Agreement or Acceptance Letter. I understand that courses are offered on-line and have published start and end dates.

I understand that I may be required to attend workshops that may be at some distance from my home and that I am responsible for expenses associated with travel to the workshops and living expenses while there, other than costs which are specified in the course Pack as being included in enrolment payments.

I understand that I will receive a book and DVD list for each course and I am responsible for purchasing these separately.

I understand and agree that this Enrolment Agreement may not be modified without the written agreement of both GODT and myself. I hereby certify that all information I provided in my application for admission or registration to the GODT is complete, accurate and up to date.

I have read the terms and conditions contained in this Enrolment Agreement and understand that submitting this form electronically constitutes my confirmation in lieu of a signature and that this agreement constitutes a binding contract upon written acceptance by the GODT.

1 Definitions and Interpretation

1.1 The definitions and rules of interpretation in this Condition 1 apply in these Terms and Conditions of Business (the “Conditions”) unless otherwise stated:

Agreement means the entire agreement between GODT and the Customer comprising these Conditions, the Enrolment Form and any credit agreement that may be entered into in relation to distance learning material.

Business Day means any day other than Saturday or Sunday that the clearing banks are open for business.

Customer means the person named on the Enrolment Form and to whom GODT shall provide the distance learning material.

Delivery point means the place where delivery of the materials is to take place under Conditions.

Distance learning material means the provision of the Services in respect of the course(s) identified in the Enrolment Form (or such other course(s) as GODT may from time to time agree in writing) and all related materials, support and tuition where applicable supplied by GODT.

Mandatory Reading DVD’s The student cannot cancel a course once purchased if s/he disagrees with books or DVDs that the GODT mandates to be used and/or recommends to be purchased as education sources by the student. All such education materials chosen are at the behest of the GODT Directors and/or course tutors.

Document means, without limitation, in addition to any books and other documents in writing, any drawing, map, plan, diagram, design, picture or other image, tape, disk or other device or record embodying information in any form regardless of the media on which it is contained.

Enrolment Form means the enrolment form completed by the Customer and submitted to GODT (together with payment for the Distance Learning material) detailing the course(s) for which the Customer has enrolled and specifying the fees payable by the Customer to GODT.

Fees means the fees payable by the Customer to GODT in accordance with Conditions herein.

GODT is a registered company limited by guarantee under the UK Companies Act 2006.

Intellectual Property Rights means all patents, rights to inventions, utility models, copyright and related rights, trade marks, service marks, trade, business and domain names, rights in trade dress or get-up, rights in goodwill or to sue for passing off, unfair competition rights, rights in designs, rights in computer software, database right, topography rights, moral rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications for and renewals or extensions of such rights, and all similar or equivalent rights or forms of protection in any part of the world.

Materials means the learning and training materials comprising all documents, information, data, records and materials provided by GODT relating to Distance Learning material and shall include any replacement learning and training materials and books if the Customer transfers Distance Learning material in accordance with Condition 15.

“Non-Transferable Courses” means DVD courses, reseller courses and non-tuition based courses.

Services means the distance learning services to be provided by GODT, or a Third Party Seller (as applicable), to the Customer in respect of the Distance Learning material as more particularly described in Condition 10.

Support Period means the period during which GODT shall provide the Customer with support in relation to the Distance Learning material as advertised.

Software means any software provided by GODT to the Customer as part of the Distance Learning material, if applicable.

1.2 A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality).

1.3 A reference to a statute or statutory provision is a reference to it as it is in force for the time being, taking account of any amendment, extension or re-enactment and includes any subordinate legislation for the time being in force made under it.

1.4 A reference to writing or written includes faxes and e-mail.

1.5 Singular words shall include the plural and vice versa.

1.6 Headings are included for convenience only and shall not affect the construction or interpretation of this Agreement.

2 Terms of Supply

2.1 The Customer should print a copy of these Conditions for future reference.

2.2 By placing an order through the GODT website, the Customer warrants that:

2.2.1 He is legally capable of entering into binding contracts; and

2.2.2 He is at least 18 years old.

2.3 In some cases, GODT accepts orders as agents on behalf of Third Party Sellers. The resulting legal contract is between the Customer and that Third Party Seller, and is subject to the terms and conditions of that Third Party Seller, which they will advise the Customer of directly. The Customer should carefully review their terms and conditions applying to the transaction.

2.4 GODT may also provide links on the GODT website to the websites of other companies, whether affiliated to GODT or not.

Price and Payment

2.5 The price and/or fees of any Distance Learning Packages will be as quoted on the GODT website from time to time, except in cases of obvious error. These prices include VAT where applicable.

2.6 Fees are liable to change at any time, but changes will not affect orders in respect of which GODT have already sent the Customer a dispatch confirmation.

2.7 The GODT website contains a number of Distance Learning Packages and it is always possible that, despite the best efforts of GODT, some of the Distance Learning Packages listed on its website may be incorrectly priced. GODT will normally verify prices as part of its dispatch procedures, so that where a Distance Learning material’s correct fee is less than the stated price, GODT will charge the lower amount when dispatching the Distance Learning material to the Customer. If a Distance Learning material’s correct fee is higher than the price stated on the GODT website, GODT will normally, at its discretion, either contact the Customer for instructions before dispatching the Distance Learning material or reject the Customer’s order and notify the Customer of such rejection.

2.8 GODT is under no obligation to provide the Distance Learning material to the Customer at the incorrect (lower) price, even after GODT has sent the Customer a dispatch confirmation, if the pricing error is obvious and unmistakeable and could or ought to have been reasonably recognised by the Customer.

3 How the contract is formed with GODT

3.1 After placing an order, the Customer will receive an e-mail from GODT acknowledging that GODT has received the order. Please note that this does not mean that the order has been accepted. The order constitutes an offer from GODT to the customer buy a Distance Learning material. All orders are subject to acceptance by GODT and GODT will confirm such acceptance to the Customer by sending the Customer an e-mail that confirms acceptance (the Confirmation). The contract between GODT and the Customer will only be formed when GODT sends the Confirmation.

3.2 The contract between GODT and the Customer will relate only to the Distance Learning material for which GODT have confirmed acceptance in the Confirmation. GODT will not be obliged to supply any other Distance Learning material which may have been part of the Customer’s order until all of the assignments within the first unit have been successfully completed by the Customer.

4 Right of Cancellation

4.1 Subject to Condition 4.3, the Customer shall have the right to cancel this Agreement within 7 days from the day after receipt by the Customer of the Materials. In this case the Customer will receive a full refund of the price paid in accordance with the GODT refunds policy set out in Condition 8.

4.2 Cancellation must be made in writing, including letter, not by telephone. The Customer must also return the materials as soon as is reasonably practicable and at the Customer’s cost and risk. The materials should be returned to the GODT address on the GODT website contact page.

4.3 GODT recommends that the Customer obtains a free proof of postage certificate from the Post Office or sends any parcel by Recorded Delivery. GODT regrets that it cannot be responsible for items that never reach GODT or are damaged in transit. Please note that postage and packaging charges and returns postage cannot be refunded, unless the materials are faulty or damaged.

5 Availability and Delivery

5.1 Orders will be fulfilled by the delivery date set out on the website under FAQ.

6 Payment

6.1 In consideration for the provision of the Distance Learning material the Customer shall pay to GODT the fees, details of which are set out in the Confirmation.

6.2 Time for payment of the fees shall be of the essence of this Agreement.

6.3 Except where the Customer intends to or has entered into a credit agreement, the Customer shall submit payment of the fees together with the enrolment form by the method indicated by the Customer on the enrolment form. The materials will be sent out to the Customer only on receipt of the fees.

6.4 If the Customer fails to comply with any terms of this Agreement, GODT shall be entitled to recover from the Customer the reasonable costs, expenses and losses incurred by GODT as a result of locating the Customer, communicating with the Customer and collecting any unpaid sums. Such sums shall be payable to GODT on demand. In the event of legal action for breach of the payment obligations, the Customer will be responsible for all costs and expenses allowable by the court if an award is made in favour of GODT.

7 Import Duty

7.1 If the Customer orders Distance Leaning packages for delivery outside the UK, they may be subject to import duties and taxes that are levied when the delivery reaches the specified destination. The Customer will be responsible for payment of any such import duties and taxes. Please note that GODT has no control over these charges and cannot predict their amount.

7.2 The Customer shall comply with all applicable laws and regulations of the country for which the Distance Leaning packages is destined. GODT will not be liable for any breach by the Customer of any such laws.

8 GODT Refunds Policy

8.1 When the Customer returns a Distance Learning material to GODT because the Customer has cancelled this Agreement with GODT within the ten-day cooling-off period (see condition 4.1), GODT will process the refund due to the Customer as soon as possible and, in any case, within thirty (30) days of the day the Customer has given notice of cancellation. In this case, GODT will refund the payment made by the Customer in full less deduction of the payment made for postage and packaging. The Customer will be responsible for the cost of returning the item to GODT.

8.2 GODT will usually refund any money received from the Customer using the same method originally used by the Customer to pay for the purchase.

9 Delivery and Care of the Materials

9.1 Upon Confirmation GODT will reserve the relevant materials in the name of the Customer. GODT will release and deliver the Materials to the Customer in compact learning units as the Customer progresses through the programme for the Distance Learning material.

9.2 Unless otherwise agreed by GODT, delivery of the materials shall take place at the address supplied by the Customer to GODT on the enrolment form.

9.3 Ownership of the materials shall not pass to the Customer until GODT has received in full (in cash or cleared funds) all sums due to it in respect of:

9.3.1 the Distance Learning material and

9.3.2 all other sums which are or will become due to GODT from the Customer on any account.

9.4 Any dates specified by GODT for delivery of the materials are intended to be an estimate and time for delivery shall not be of the essence. If no dates are so specified, delivery shall be made by GODT within a reasonable time.

9.5 If for any reason the Customer fails to accept delivery of any of the materials or GODT is unable to deliver the materials because the Customer has not provided appropriate instructions:

9.5.1 risk in the materials shall pass to the Customer;

9.5.2 the materials shall be deemed to have been delivered; and

9.5.3 GODT may store the materials until delivery, whereupon the Customer shall be liable for all related costs and expenses (including, without limitation, storage and insurance if applicable).

9.6 The Customer shall inspect each set of materials promptly following delivery and inform GODT about any defects or omissions as soon as it is reasonably practicable to do so. In the event that there are defects or omissions, the Customer shall return the materials immediately to GODT whereupon a new set of materials will be sent to the Customer, both at the expense of GODT.

10 Services

10.1 During the Support Period, GODT shall provide the Customer with support and tuition as more particularly described in the Materials.

10.2 If requested, GODT may, at its sole discretion, extend the Support Period for a fee to be agreed between GODT and the Customer.

10.3 GODT will provide the Customer with such information as is in its possession to assist the Customer in making arrangements to sit external examinations. In all other respects, the Customer will be solely responsible for making arrangements to enable him to sit external examinations and for any and all fees in relation thereto.

10.4 If GODT, in its sole discretion, assists the Customer in making arrangements to sit external examinations the Customer acknowledges that GODT shall not be responsible for any losses incurred by the Customer as a result of inaccurate information provided in connection with any such arrangement except such losses caused as a direct result of a failure on the part of GODT to act with reasonable care and skill.

10.5 GODT shall use its reasonable endeavours to:

10.5.1 Provide the services and to deliver the Distance Learning material to the Customer in accordance with Condition 9; and

10.5.2 meet any performance dates specified in this Agreement, but any such dates shall be estimates only and time shall not be of the essence.

11 Customer’s obligations

11.1 The Customer shall:

11.1.1 Co-operate with GODT in all matters relating to the provision of the Distance Learning material;

11.1.2 keep and maintain the materials in good condition and in accordance with any instructions notified in writing to the Customer by GODT from time to time; and

11.1.3 not copy, dispose of, use, offer to sell, license or transfer the materials (whether in whole or in part in any manner or form or in or on any media) other than in accordance with this Agreement or with written instructions of GODT; and

11.1.4 retain all GODT course work for a period of 3 years from completion as work can be requested at any time to comply with quality assurance obligations.

11.2 If the performance of its obligations by GODT under this Agreement is prevented or delayed by any act or omission of the Customer, GODT shall not be liable for any costs, charges or losses sustained or incurred by the Customer arising directly or indirectly from such prevention or delay.

12 Intellectual Property Rights

12.1 As between the Customer and GODT, all Intellectual Property Rights and all other rights in the Materials shall be owned by GODT.

12.2 In consideration of payment of the Fees, GODT grants the Customer the non-exclusive, non-transferable right to use and copy the materials for his or her non-commercial private use and study. If this Agreement terminates, this licence shall automatically terminate.

13 Confidentiality

13.1 The Customer shall keep in strict confidence all materials and any other confidential information concerning the business of GODT or its products that the Customer may obtain.

13.2 The Customer may disclose such confidential information as may be required by law, court order or any governmental or regulatory authority.

13.3 The Customer shall not use any confidential information obtained from GODT for any purpose other than for his/her personal use, including private study and external examinations.

14 Data Protection

14.1 GODT will handle personal information in accordance with the terms of its privacy policy. The GODT privacy statement can be viewed at www.icslearn.co.uk/privacy-policy.

14.2 The Customer acknowledges and agrees that personal data will be processed by and on behalf of GODT in connection with the provision of the Distance Learning material and that details of the Customer’s name, address and payment record may be submitted to a credit reference agency.

15 GODT course transfer facility

15.1 If a Customer wishes to transfer to a different course offered by GODT, at its sole discretion GODT may agree to such transfer.

15.2 Unless the Customer is paying under a credit agreement, if GODT agrees that the Customer may transfer to a different course, GODT will transfer any fees paid to that date for the Distance Learning material that the Customer wishes to discontinue (the “Discontinued Distance Learning material”) towards the amount payable for the new GODT course to which it has been agreed that the Customer may transfer PROVIDED THAT:

15.2.1 GODT receives payment for the balance of the fees if any due in respect of the new Distance Learning material (if more expensive than the Discontinued Distance Learning material); or

15.2.2 the appropriate transfer fee has been paid to GODT to cover tuition and/or administrative costs.

15.3 In no circumstances is a course transferable if:

15.3.1 it is a Non-Transferable Course; or

15.3.2 once all course materials have been issued; or

15.3.3 after a period of 3 months from enrolment; or

15.3.4 within 6 months of completion of the course; or

15.3.5 account payment is in arrears

16 Warranties

16.1 GODT warrants that:

16.1.1 The materials will be of satisfactory quality and reasonably fit for all the purposes for which materials of the kind are commonly supplied (however GODT does not warrant that the materials will be error free); and

16.1.2 it will perform the Services with reasonable skill and care.

16.2 All warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from this Agreement.

17 Limitation of Liability

17.1 This Condition 17 sets out the entire financial liability of GODT (including any liability for the acts or omissions of its employees, agents, consultants and subcontractors) to the Customer in respect of:

17.1.1 any breach of this Agreement;

17.1.2 any use made by the Customer of the Distance Learning material or any part of them; and

17.1.3 any representation, statement or delictual act or omission, (including negligence) arising under or in connection with the Agreement.

17.2 Nothing in this Agreement limits or excludes the liability of GODT:

17.2.1 for death or personal injury resulting from its negligence or the negligence of its employees or agents; or

17.2.2 for any damage or liability incurred by the Customer as a result of fraud or fraudulent misrepresentation by GODT;

17.2.3 any other liability that cannot be limited or excluded by law.

17.3 Subject to Condition 17.2, the total liability of GODT arising in connection with the performance, or contemplated performance, of this Agreement, shall be limited to the price paid by the Customer for the Distance Learning material.

17.4 Subject to Condition 17.2 GODT shall not be liable to the Customer for:

17.4.1 Any loss of profits, anticipated savings, turnover, loss of business, contracts, data, depletion of goodwill or similar losses or pure economic loss (whether direct or indirect in nature);

17.4.2 any indirect loss or damages which happen as a side effect of the main loss or damage;

17.4.3 loss or damage caused by GODT in circumstances where there is no breach of legal duty owed by GODT to the Customer;

17.4.4 loss or damage which is not a reasonably foreseeable result of any breach of this Agreement by GODT; and/or

17.4.5 any claims brought against the Customer by any other party in each case however arising.

17.5 Subject to Condition 17.4, if the Customer has taken out a GODT damage cover plan, GODT will replace free of charge any materials that are accidentally lost, damaged or stolen during the Support Period provided any claims are made in accordance with the terms of the GODT damage cover plan. Notwithstanding the foregoing, GODT will not be obliged to replace free of charge any materials if any monthly instalments of the fees or any other sums are due and remain unpaid as at the date of the claim.

18 Termination

18.1 Without prejudice to any other rights or remedies which GODT may have, GODT may terminate this Agreement (after the expiry of a Default Notice served on the Customer in terms of the Consumer Credit Act 1974 where appropriate) without liability to the Customer immediately on giving notice to the Customer if the Customer fails to pay any amount due under this Agreement including, but not limited to the fees on the due date for payment and remains in default not less than seven days after being notified in writing to make such payment.

18.2 Either GODT or the Customer may terminate this Agreement at any time if the other party commits a material breach of any of the terms of this Agreement and (if such a breach is remediable) fails to remedy that breach within thirty (30) days of that party being notified in writing of the breach.

19 Consequences of Termination

19.1 Termination of this Agreement, however arising, shall not affect or prejudice the accrued rights of the parties as at expiry or termination or the continuation of any provision expressly stated to survive, or implicitly surviving, termination.

19.2 On termination of this Agreement for any reason:

19.2.1 The Customer shall immediately pay to GODT all outstanding sums, including, without limitation, fees;

19.2.2 the Customer shall, within ten (10) business days, return all of the materials, including copies of all or any part of the materials. Until such time as the materials, including copies, have been returned or repossessed, the Customer shall be solely responsible for their safe keeping; and

19.2.3 Conditions 1 (Definitions and Interpretation), 6.4 (Payment), 7 (Import Duty), 12.1 (Intellectual property rights), 13 (Confidentiality), 16.2 (Warranties), 17 (Limitation of Liability), 19 (Consequences of Termination), and 30 (Governing Law and Jurisdiction) shall survive termination of this Agreement and continue in full force and effect.

20 Force majeure

20.1 GODT shall have no liability to the Customer under this Agreement if it is prevented from, or delayed in performing, its obligations under this Agreement or from 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 GODT 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, storm or default of suppliers or subcontractors.

21 Variation

21.1 GODT may, from time to time and without notice, amend Distance Learning packages and the terms and conditions of this Agreement in order to comply with changes in technology, changes in payment methods or changes in applicable regulatory or statutory requirements, provided that such changes do not materially affect the nature of the Distance Learning packages.

21.2 Subject to Condition 21.1, no variation of this Agreement or these Conditions or of any of the documents referred to in them shall be valid unless it is in writing and signed by or on behalf of each of the parties.

22 Waiver

22.1 A waiver of any right under this Agreement is only effective if it is in writing and it applies only to the circumstances for which it is given. No failure or delay by a party in exercising any right or remedy under this Agreement or by law shall constitute a waiver of that (or any other) right or remedy, nor preclude or restrict its further exercise. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that (or any other) right or remedy.

22.2 Unless specifically provided otherwise, rights arising under this Agreement are cumulative and do not exclude rights provided by law.

23 Severance

23.1 If any provision of this Agreement (or part of any provision) is found by any court or other authority of competent jurisdiction to be invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed not to form part of this Agreement, and the validity and enforceability of the other provisions of this Agreement shall not be affected.

23.2 If a provision of this Agreement (or part of any provision) is found illegal, invalid or unenforceable, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable.

24 Entire agreement

24.1 This Agreement constitutes the whole agreement between the parties and supersedes all previous agreements between the parties relating to its subject matter.

24.2 Each party acknowledges that, in entering into the Agreement, it has not relied on, and shall have no right or remedy in respect of, any statement, representation, assurance or warranty (whether made negligently or innocently), other than for breach of contract. Nothing in this Condition 24 shall limit or exclude any liability for fraud.

25 Assignation

25.1 The Customer shall not, without the prior written consent of GODT (which GODT will not withhold or delay unreasonably), assign, transfer, charge, mortgage, subcontract or deal in any other manner with all or any of its rights or obligations under this Agreement.

25.2 GODT may at any time assign, transfer, charge, mortgage, subcontract or deal in any other manner with all or any of its rights under this Agreement and may subcontract or delegate in any manner any or all of its obligations under this Agreement to any third party or agent, but this will not affect the Customer’s rights under this Agreement.

25.3 If there is an assignation pursuant to this Condition 25, GODT may disclose to any proposed assignee in its possession any information that relates to this Agreement or its subject matter, the negotiations relating to it and the Customer that it is necessary to disclose for the purposes of the proposed assignation.

25.4 Each party is acting on its own behalf and not for the benefit of another person.

26 No partnership, joint venture or agency

26.1 Nothing in this Agreement is intended to, or shall be deemed to, constitute a partnership or joint venture of any kind between GODT and the Customer, nor constitute either party or the agent of another party for any purpose. Neither party shall have authority to act as agent for, or to bind, the other party in any way.

27 Written Communications

27.1 Applicable laws require that some of the information or communications GODT send should be in writing. The Customer accepts that communication with GODT will be mainly electronic. GODT will contact the Customer by e-mail or provide the Customer with information by posting notices on the GODT website. For contractual purposes, the Customer agrees to this electronic means of communication and the Customer acknowledges that all contracts, notices, information and other communications that GODT provides to the Customer electronically comply with any legal requirement that such communications be in writing. This condition does not affect the Customer’s statutory rights.

28 Notices

28.1 Any notice or other communication required to be given under this Agreement shall be in writing and shall be delivered personally, or sent by e-mail or by post to the other party and for the attention of the person or as otherwise specified by the relevant party by notice in writing to the other party.

28.2 Any notice or other communication shall be deemed to have been duly received if delivered personally, when left at the address referred to in Condition 28.3, or if sent by e-mail 24 hours after the e-mail is sent, or if sent by post at 9.00 am on the second business day after posting. 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 an email was sent to the specified e-mail address of the addressee.

28.3 The following addresses shall be the addresses to which any notice or other communication should be sent in relation to this Agreement:

28.3.1 GODT: e-mail: membership@godt.org.uk

28.3.2 Customer: the last known e-mail address or postal address of the Customer as supplied by the Customer to GODT

and in each case, the same may be updated in writing from time to time.

28.4 The Customer shall notify GODT immediately in writing of any change of address or contact details.

28.5 Any complaints should be addressed in terms of GODT Complaints Policy. To view the GODT Complaints Policy click here

29 Rights of third parties

29.1 Save as expressly provided in this Agreement, no term of this Agreement shall be enforceable by a third party (being any person other than the parties and their permitted successors and assignees).

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