Terms & Conditions
PART 1: GENERAL PROVISIONS
The following definitions apply to these terms and conditions:‘Content Standards’ means our content standards as set out in clause 3.‘Fees’ means the fees payable to us under the provisions of clause 24.‘Registered User’ means a user registered under the terms of clause 17.‘User’ means any user of this website.‘Terms’ means the terms set out in Part 1 (General Provisions) and Part 2 (Registered User Provisions).‘Buyer’ means a buyer of training services.‘Suppliers’ means providers of training services.
2. Information about us
www.trainingauction.co.uk is a site operated by Eyton Solutions Limited ("We"). We are a limited company registered in England and Wales under company number 7034588 and have our registered office at Corner Farm Barn, Penley, Wrexham, LL13 0LU.
3. Accessing our site
1.1.1 Access to our site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our site without notice (see below). We will not be liable if for any reason our site is unavailable at any time or for any period.
1.1.2 From time to time, we may restrict access to some parts of our site, or our entire site, to Registered Users.
1.1.4 You are responsible for making all arrangements necessary for you to have access to our site. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms, and that they comply with them.
1.2 Prohibited uses
You may use our site only for lawful purposes. You may not use our site:
1.2.1 In any way that breaches any applicable local, national or international law or regulation.
1.2.2 In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
1.2.3 To send, knowingly receive, upload, download, use or re-use any material which does not comply with our Content Standards.
1.2.4 To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
1.2.5 To knowingly transmit any data, send or upload any material that contains viruses, or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
1.2.6 To reproduce, duplicate, copy or re-sell any part of our site in contravention of the provisions of these Terms.
1.2.7 To access without authority, interfere with, damage or disrupt any part of our site, any equipment or network on which our site is stored, any software used in the provision of our site, or any equipment or network or software owned or used by any third party.
1.3 Content Standards
1.3.1 These standards set out below apply to any and all material which you contribute to our site (Contributions), and to any interactive services associated with it.
1.3.2 The standards apply to each part of any Contribution as well as to its whole.
1.3.3 Contributions must:
18.104.22.168 Be accurate (where they state facts).
22.214.171.124 Be genuinely held (where they state opinions).
126.96.36.199 Comply with applicable law in the UK and in any country from which they are posted.
1.3.4 Contributions must not:
188.8.131.52 Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
184.108.40.206 Infringe any copyright, database right or trade mark of any other person.
220.127.116.11 Be likely to deceive any person.
18.104.22.168 Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
22.214.171.124 Promote any illegal activity.
126.96.36.199 Be likely to harass, upset, embarrass, alarm or annoy any other person.
188.8.131.52 Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
184.108.40.206 Contain any material which is defamatory of any person.
220.127.116.11 Contain any material which is obscene, offensive, hateful or inflammatory, or promotes sexually explicit material or violence.
4. Suspension and termination
1.4 We retain the right to determine whether there has been a breach of these Terms through your use of our site. When a breach has occurred, we may take such action as we deem appropriate.
1.4.1 A material breach may result in our taking all or any of the following actions:
18.104.22.168 Immediate, temporary or permanent withdrawal of your right to use our site.
22.214.171.124 Immediate, temporary or permanent removal of any posting or material uploaded by you to our site.
126.96.36.199 Issuing of a warning to you.
188.8.131.52 Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
184.108.40.206 Further legal action against you.
220.127.116.11 Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
1.4.2 We exclude liability for actions taken in response to breaches of these Terms. The responses described in these Terms are not limited, and we may take any other action.
5. Intellectual property rights
1.5.1 We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
1.5.2 You may print off one copy, and may download extracts, of any page(s) from our site for your personal reference and you may draw the attention of others within your organisation to material posted on our site.
1.5.3 You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way.
1.5.4 Our status (and that of any identified contributors) as the authors of material on our site must always be acknowledged.
1.5.5 You must not use any part of the materials on our site for commercial purposes without obtaining a licence to do so from us or our licensors.
6. Reliance on information posted
1.6 Commentary and other materials posted on our site are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our site, or by anyone who may be informed of any of its contents.
7. Our site changes regularly
1.7 We aim to update our site regularly, and may change the content at any time. If the need arises, we may suspend access to our site, or close it indefinitely. Any of the material on our site may be out of date at any given time, and we are under no obligation to update such material.
8. Our liability
1.8.1 The material displayed on our site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we hereby expressly exclude:
1.8.2 All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
1.8.3 Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it, including, without limitation any liability for loss of income or revenue; loss of business; loss of profits or contracts; loss of anticipated savings; loss of data; and loss of goodwill for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.
1.8.4 Location or mapping information is provided for guidance only. No liability is accepted for the accuracy of postcode or location information.
1.8.5 This does not affect our liability for death or personal injury arising from our negligence, or our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, or any other liability which cannot be excluded or limited under applicable law.
9. Information about you and your visits to our site
10. Uploading material to our site
1.10.1 Whenever you make use of a feature that allows you to upload material to our site, or to make contact with other Users, you must comply with our Content Standards. You warrant that any such contribution does comply with those standards, and you indemnify us for any breach of that warranty.
1.10.2 Any material you upload to our site will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.
1.10.3 You will not upload material which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
1.10.4 We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of our site.
1.10.5 We have the right to remove any material or posting you make on our site if, in our opinion, such material does not comply with the Content Standards.
11. Linking to our site
1.11.1 You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
1.11.2 You must not establish a link from any website that is not owned by you.
1.11.3 Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with our Content Standards.
1.11.4 If you wish to make any use of material on our site other than that set out above, please address your request to firstname.lastname@example.org
12. Links from our site
1.12 Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
13. Jurisdiction and applicable law
1.13.1 The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to our site although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country.
1.13.2 These Terms 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) shall be governed by and construed in accordance with the law of England and Wales.
14. Use of Training Auction
1.14 No User shall acquire or use the word "TrainingAuction" or any variant that includes the word "TrainingAuction" as a trademark or any related intellectual property.
1.15 We may revise these Terms at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we have made, as they are binding on you when made. Some of the provisions contained in these Terms may also be superseded by provisions or notices published elsewhere on our site.
16. Your concerns
1.16 If you have any concerns about material that appears on our site, please contact email@example.com.
PART 2: REGISTERED USER PROVISIONS
1.17. Registered Users must:
1.17.1 be at least 18 years old; and
1.17.2 always provide valid and complete contact information and must always have a valid email address.
1.17.3 Registered Users may not misrepresent their identities.
1.17.4 We reserve the right to reject your registration at any time and for any reason and without notice to you.
1.17.5 If you are registering on behalf of a business or any corporate body, by registering with us you are confirming that you have the proper authority to bind the business/corporate body on whose behalf you are registering.
18. Our Status
1.18.1 We do not provide any training services whatsoever. Our role is to provide a forum where potential buyers of training services (Buyers) and businesses which provide training services (Suppliers) can find each other.
1.18.2 It is the role of the parties to select each other on the basis of the services required and the contractual terms and rates offered by each of the parties. We do not carry out vetting of any Registered Users and therefore do not provide any assurances as to the ability of a party to perform its obligations under a contract.
1.18.3 Please note that, with regard to any transaction made between Users, the resulting legal contract is between those parties, and is subject to these terms and conditions. Parties should review the terms and conditions applying to the transaction.
19. Use of the Site
1.19.1 Auctions - The Site operates as follows:
18.104.22.168 Buyers will post on the Site, requirements they have for training services (Buyer Listing);
22.214.171.124 Training Suppliers will be able to offer their services on their own terms in response to any Buyer Listing (Bid). Bids become legally binding contracts, on their full original terms, once accepted by a Buyer.
126.96.36.199 Buyer Listings and Bids (together Submissions) may be moderated. It will be at our discretion to determine whether or not a Submission falls within our Content Standards.
188.8.131.52 We cannot guarantee how quickly Submissions will be posted on the Site.
184.108.40.206 We are under no obligation to you or any other person to oversee, monitor or moderate the Site or any other service we provide on the Site. We reserve the right to remove, or to disable access to, any submission which breaches the Content Standards.
1.19.2 Listings - The Site operates as follows:
220.127.116.11 Suppliers will post on the site, training courses that they are running.
18.104.22.168 Buyers will be able to click on the listings and purchase a place on the course.
22.214.171.124 We give no guarantee to the availability of the course and it is up to the Supplier to maintain the course availability.
126.96.36.199 We are under no obligation to you or any other person to oversee, monitor or moderate the Site or any other service we provide on the Site. We reserve the right to remove, or to disable access to, any submission which breaches the Content Standards.
20. Contact Details
1.20.1 Registered Users are permitted to include contact information for the purpose of soliciting sales outside the Site.
1.20.2 Please note that Suppliers are required by the Electronic Commerce (EC Directive) Regulations 2002 to display their contact details, including the geographic address at which their business is established.
21. Rules for Suppliers
1.21.1 Suppliers must:
188.8.131.52 honour a transaction contract formed with a Buyer;
184.108.40.206 provide the services for which payment was accepted; and
220.127.116.11 include all fees payable by the Buyer for the training services in any Bid, excluding VAT.
1.21.2 Suppliers must not:
18.104.22.168 bid against their own Bid, or have associates, or employees do so;
22.214.171.124 significantly misrepresent their services by not meeting the terms and services description outlined in the Bid;
126.96.36.199 refuse to accept payment for a service if their Bid is accepted; or
22. Rules for Buyers
1.22.1 Buyers must not:
188.8.131.52 Submit their own bids to decrease Bids made by Suppliers. Users bidding for the provision of services must be wholly independent from the Buyer of those services.
184.108.40.206 Neither Buyers nor Suppliers may interfere with a transaction or offer to buy or supply training in response to a Buyer's Listing outside of the Site.
23.1 We will not be obliged to provide any Registered User with due diligence on any other Registered User.
23.2 For each transaction, Buyers can choose to rate Suppliers by leaving Feedback. Buyers can leave a positive, negative, or a neutral rating, plus a short comment.
23.3 These ratings are used to determine Feedback Scores. In most cases, Users receive:
23.3.1 +1 point for each positive rating.
23.3.2 No points for each neutral rating.
23.3.3 -1 point for each negative rating.
23.4 Suppliers are not permitted to include in their Bids or terms of sale any conditions that limit or restrict the Buyer from leaving feedback.
23.5 Buyers are not allowed to threaten Suppliers with negative feedback or neutral Feedback in order to obtain goods or services not included in the original Buyer Listing.
23.6 Suppliers may not require Buyers to leave specific feedback. Suppliers may not demand that Buyers withdraw existing feedback. These prohibitions apply to all feedback activity, whether prior to, during, or after delivery of services described in the original Buyer Listing.
23.7 Feedback comments must comply with rules on feedback listed on the site. Training Auction reserve the right to remove or modify feedback left by the Buyer without prior consent.
24. Fees & Payment
24.1 The Site is free to use for Buyers and Suppliers. Training Auction do not take any payments this is dealt with directly between the Supplier and buyer.
24.2 On accepting any Bid the Buyer must contact the Supplier direct and agree payment terms
25. Cancellations, Reschedules and Course Transfer
25.1 In the first instance communication between the Buyer and Supplier should take place to resolve any issues with the booking and if required, reschedule the course. Training Auction we will not be liable for any costs or loss.
25.2 Should a training course be cancelled by the Supplier, for any reason, then the Suppliers terms and conditions will be implimented.
26. No Agency
Nothing herein shall create or be deemed to create any joint venture, agency or partnership relationship between ourselves and any Users whatsoever. Users shall not hold themselves out as implying any such relationship with us.
We shall have no liability with regard to any claim in respect of which the Customer has not complied with the claims procedures in these conditions.
I have used Training Auction to advertise my courses, it’s simple to use and opens me to a much larger market.Joe
I booked grab wagon training through training auction it saved me lots of time and phone calls.Gary Dodgson, Bramhall Surfacing Ltd
Training Auction helped me fill spaces on a course I was delivering at short notice, it was quick and simple. I am definitely using Training Auction againSteve Lidford, SLL Plant & Quarry Training
I booked a PTLLs course through Training Auction at a great priceEyton Solutions Ltd
I requested some training through Training Auction and within 24 hours was given several options at great prices, paying was simple too.Ascardo Limited