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National Training Card

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Terms & Conditions

Last updated: Jan 2020
General

These terms and conditions form the basis of the contract through which National Training Card t/a 1plus.net ltd ("NTC", "we" or "us") will deliver membership services (the "Services") to you as a member of NTC ("Individual Member", "Corporate Administrator", "Training Provider" ["Its Members"]) or ("you, a visitor to the NationalTrainingCard.co.uk website" ["The Site"]).

NTC is owned and operated by 1plus.net Ltd, a subsidiary of 1Plus Media Group Ltd (a digital media business providing training and education services within the UK). 1plus.net Ltd is a company limited by guarantee, operating under the business name National Training Card.

NTC is an aggregator of training and education records supplied to it by It's Members. We do not have any control over or provide any validation service, or more importantly give any warranty, for the records supplied to it. Any records that have been independently verified or validated by us will be marked accordingly.

Every effort is made to ensure the authenticity of Members authorised to submit records to us and we will accept no liability in any regard for any information garnered from this site which turns out to be misleading or untrue. By accessing this site and the training records held herein you agree to indemnify us from all responsibilities in this regard and accept that you must satisfy yourself independently as to the authenticity and accuracy of all and any information you access from this site, the content of which you might later rely.

Please read these terms and conditions carefully before accessing this site and/or before applying to become an NTC member. In consideration of us accepting your application to become an NTC member and allowing you to access the site, you agree to be bound by these terms and conditions.

You should also note that these terms and conditions include all levels of NTC membership and certain terms may not apply in every case

In certain circumstances NTC members are able to enforce certain rights which might be in conflict with the wishes of other members. In particular that of an Individual Member's ability to choose not to make available certain elements of their personal information.

An individual member may also choose to disconnect the link between themselves and their corporate administrator or training provider. Or vice versa. There is no choice in this regard and this is provided for within the options and obligations under the European GDPR. Disaffected members, including those that may have paid for an Individual Member and who no longer wishes to remain under their oversight, will not be eligible for a refund

Attention should be drawn to the limitations and exclusions of liability as set out in these terms and conditions.

1. Membership Benefits

Membership of the NTC scheme will provide you with one of three levels of  membership: Individual Member, Corporate Administrator or Training / Educational Provider.

As an NTC member you will receive a wide range of benefits such as: Full access to your particular membership area of the The Site; A variety of resources to support the management, storage and presentation of both your own and others training, education and CPD evidential records; Corporate Administrators are given the right to manage and administer Individual Member Accounts that fall under or have been created through their administrative account; For individual members a set of digital smart devices will be supplied to all those subscribing to an annual full / paid membership;

All membership types have a free / basic version available and you are under no obligation to subscribe to a paid membership plan

Membership prices may vary according to the level and volume of paid individual memberships purchased.

We reserve the right to change the benefits that apply to all NTC memberships at any time and without prior notice.

A Training Provider reselling our services and enforcing any right to withdraw a service outside of our control will not affect the relationship NTC has with that Individual Member. In such instances a direct relationship with NTC will be offered to that Individual Member. Additional fees may apply

Should any Individual Member decide to sever the link between themselves and either their Corporate Administrator or Training Provider then a fee may be applicable to that Individual Member up to the annual cost of full membership

Services supplied by and/or resold by an external provider might be subject to that provider’s own terms and conditions. We do not accept liability for any loss or damage suffered as a result of any fault, error, omission or dispute arising as a result of those terms and / or external services and / or for any contracts formed that are outside of our control

In the event that an external provider has not paid NTC for services supplied to it then we reserve the right and at our sole discretion and at anytime to suspend or terminate those services and or any memberships connected to that provision which may or may not have already started

We reserve the right to withdraw membership services either in full or part without prior notice and our decision on the limitation of services provided is final.

2. Membership Contracts

To become an NTC ​imember, new users should follow the instructions on the registration pages of the Site. This application is an online process and can be carried out by either the Individual Member, Corporate Administrator or Training Provider. In certain situations Membership can be obtained over the phone with an NTC representative.

By applying for a National Training Card ["NTC"] account/membership: you confirm that the information you are providing to us is true, accurate in all respects and is correct to the best of your knowledge; you agree to comply with all applicable rules relating to National Training Card scheme as laid out in these terms and conditions, the most salient part being that you agree to indemnify us against all and any claims made in respect of information you provide which turns out to be either misleading, inaccurate or untrue, be that deliberate or in error; you understand and agree that all or any part of the information you supply can and will be used by NTC for the purposes of administering the scheme, this may include copying said information to Corporate Administrators, Training Providers and others and the information you provide will be entered onto a secure and encrypted database and be made accessible via the NTC website when a person is using validated credentials to access that information.

To the extent that any part of the information supplied constitutes personal data within the meaning of the Data Protection Act 2018, you expressly consent to the foregoing: you will notify the NTC on telephone number 023 94 004054 of any material alteration to any of the personal information originally supplied by you (including but not limited to your name(s), your user name(s), company name and/or any relevant addresses) as soon as it becomes apparent, together with any documentary evidence or proof as might be requested by NTC thereof; and If your application is made on the behalf of an Individual Member, you confirm that the latter has expressly consented in your so doing. you agree and understand that full membership fees are non-refundable and non-transferable. If your application is incomplete or unacceptable you will be given 30 days to resolve any issues. Any applications returned after 30 days will be subject to an additional fee equal to that of a year's full membership. you agree and understand that digital smart devices supplied by NTC are issued solely at the discretion of NTC and may be withdrawn or cancelled at anytime and without any prior notice; in such circumstances no refund will be given all memberships of the NTC scheme (include those provided without cost) are supplied without warranty and, in the event that the scheme is withdrawn or closed, no refunds will be offered. You also agree and acknowledge that in such circumstances any data supplied to NTC may not be returned and will be destroyed you agree that in the event of a catastrophic loss of data you will not hold NTC liable in any regard for any loss of data, membership or of services suffered as a result

At the point of renewal of your individual membership, your renewal payment is confirmation of the continued acceptance of this contract. You may not transfer any of your rights and obligations under these terms and conditions to another person.

Memberships can be terminated at any time, at which point all personal information will be destroyed or be returned to that member. Should a Corporate Administration membership wish to cancel, then all Individual Members under that account will be transferred to direct membership with NTC

All Individual Memberships are memberships in the person and in their own right. This is a transferable right applicable to the individual and to the individual alone. Corporate Administrators do not have the right under these terms to insist on any Individual Membership being cancelled or destroyed

Online Applications

For online applications you will either have sight of or have received a confirmation page or email. Acknowledgement that your application has been received and is being processed does not at that time mean your application has been accepted. Your individual  membership with NTC begins on the date that your membership is confirmed by us and when any applicable fees have been paid in full. Full membership will commence at the time when digital smart devices have been sent to you in the post, Free / Basic membership will commence at the time your application is complete.

We shall not be held liable in any regard for smart devices not being received by the recipient unless that loss was as a result of a material breach or error on our behalf

Membership renewals

If you are already an individual member and wish to renew your membership, please log on to the members’ area of the Site and follow the instructions on how to renew. Do not complete the registration process again as this might result in a duplicate membership record being created and confusion with any information or training records already in our possession.

Lapsed memberships

If your individual membership has lapsed, you will automatically be re-enrolled as a basic / free member. You will not be required to complete a new membership registration, however digital smart devices will no longer work at this time. It is possible to reinstate lapsed memberships over the phone.  Reinstatement of full membership will be instantaneous and will be on receipt of all applicable fees

3. Cooling off period

You have a seven (7) working days cooling off period* from the date of confirmation of your paid membership in which to cancel your subscription without penalty. You must notify us of your wish to cancel in writing by contacting the NTC team at [email protected] or by post to: National Training Card, 25 Oakwood Centre, Downley Rd, Havant. PO9 2NP

The cancellation right above only applies to new membership applications and does not apply to the renewal of existing memberships.

4. Professional Conduct

By proceeding with this application you are confirming to us that all and any information, content and evidential training record information you supply to us will be accurate and that, to the best of your ability, you will maintain your account in good faith and will not willingly submit evidential training records in error, be that through omission, in negligence or as an act that is, in our sole opinion, a deliberate attempt to supply information that you know to be either misleading or false.

Failure to adhere to this Policy may result in the suspension and/or the termination of your membership. In serious instances of deliberate malpractice where the safety of others might be put at risk as a result of you supplying fake or inaccurate evidential training information we reserve the right to inform those affected and/or the relevant law enforcement authorities where appropriate

By proceeding with your application you agree to grant us an irrevocable right to comply with any request from the law enforcement authorities for information pertaining to the membership and/or activities associated with your account and to supply said information as may be necessary by them

5. Right to refuse applications or downgrade applications

We reserve the right not to fulfil, or to cancel, any full membership application if we are unable to obtain to our satisfaction information that identifies a member or payment authorisation from the issuer of your credit/debit card or payment by other means.

If you have been convicted of a criminal offence which is not yet spent, or have a prosecution pending, this must be declared where appropriate in particular where it is connected to the subject matter of any training records submitted. A declaration must also be made of insolvency or undischarged bankruptcy. This information will be treated in the strictest confidence and will only be taken into account if relevant. Spent convictions under the Rehabilitation of Offenders Act 1974 need not be disclosed.

If your individual membership application is accepted, but we subsequently discover that any or all of the information provided by you was misleading or false, we reserve the right to revoke your membership with immediate effect, without any right of appeal.

6. Members' Obligations

As an NTC member you warrant and represent to us and to any other connected NTC member associated with your account that the following are and will be true each time that you access or use the Site and/or Services: you have all requisite power and authority to enter into and perform your obligations under these terms and conditions either as an individual or on behalf or others ; there are no circumstances of which you should reasonably be aware which would prevent these terms and conditions from being and forming legally binding obligations upon you; your performance pursuant to these terms and conditions does not and will not conflict with or breach any constitutional document, agreement or Applicable Laws to which you are subject or by which you are bound; all the information which you submit to the Site is complete, reliable, accurate, free from errors, and not misleading in any way, and will not infringe any third party rights; and you will not do, or omit to do, anything that might reasonably be expected to put us in breach of any applicable Laws.

You will provide us promptly on request with all information that we may reasonably require from time to time in connection with your access to or usage of the Site.

7. Cancellations and refunds

If you wish to cancel your paid individual membership you must inform us of your intention to cancel with a minimum of ten working days prior to the anniversary of your application. This notice should be provided directly to us in writing by letter or email.

No refunds will be provided unless the above notice requirements are complied with.

Once renewal of your membership has occurred, it will still be possible to cancel your membership, but we are under no obligation to offer a refund if notice has not been given.

No notice period is required to cancel a free or basic membership

8. Price information

By agreeing to these terms and conditions, you agree that you will pay us any fees as maybe applicable as set out on the membership plans on the Site. Fees displayed on this page and on the choose your plan page – both for the annual individual membership fee and joining fee (if applicable) – will prevail at all times in relation to orders placed online.

Currently: Basic Individual Membership - Free Full Individual Membership (c.w Digital Smart Devices) - £19.50 per annum Multiple Individual Memberships - Prices starting from £13.50 pp

Fees displayed on a hard-copy application form, or email quote made out to you by an NTC representative, will prevail at all times in relation to membership applications made verbally or online.

You may make a one-off payment for a one-year membership or bulk subscriptions (new or renewal) by credit or debit card (or bank transfer where agreed), in accordance with the payment information contained on the Application page of our Site.

We reserve the right to increase the price of individual membership subscription from time-to-time, and any such amendments will be on the choose your plan page of the Site.  If you are a current NTC individual member, you will be informed of any fee increase in your renewal email. If we discover an error in the price of your membership subscription, we will inform you as soon as possible.

Fees quoted are for individual membership only. The number of memberships applicable will be included in your quote

Additional / replacement smart devices may be purchased for a fee - currently £4.50 per device

VAT is applicable and payable on all transactions without exception, National Training Card fees are not educational services that might otherwise be exempt from VAT

9. Credit/debit card payment

If you are not using your own credit/debit to pay for the membership fee, you must ask the permission of the credit/debit card holder before entering the payment details.

When you apply to become an NTC member either online or verbally, you are confirming that you have obtained the express prior permission of the credit/debit card holder.

10. Viruses, hacking and other offences

You must take all precautions to ensure that all and any information or documentary records or training evidence uploaded to our site in .jpg or .pdf format is free from any virus or malicious code.

You shall not (a) knowingly introduce any viruses into the Site or (b) attack (or instigate or facilitate the attack of) the Site or Services via a denial-of-service attack or a distributed denial-of-service attack, or (c) use the Site or Services for any purpose which is unlawful, abusive, libellous, obscene or threatening.

A breach of this clause may constitute a criminal offence. We may report any such breach (whether actual or suspected) to the relevant law enforcement authorities and you agree to co-operate with those authorities.

You shall be responsible for ensuring that you have in place on such systems appropriate Virus protection processes and software.

We will not be liable for any losses caused by any form of attack or viruses that may infect your computer equipment, computer programs, data or other proprietary material due to use of the Site or Services.

11. Links

The Site may contain links to other websites, most notably bucket/bulk storage websites that NTC uses to store the evidential training records of members. These 3rd party websites may in turn contain material that has been produced by third parties both affiliated and not affiliated with us.  We accept no responsibility or liability for information or content provided on such websites.

12. Liability

Nothing in these terms and conditions shall exclude or limit any person's liability for death or personal injury caused by its negligence, or any person's liability for fraud.

Subject to the above, neither we nor any of our agents, licensors or members or our or their directors, officers or employees will be liable for any losses incurred or suffered by you, directly or indirectly in connection with: materials provided to or by or on behalf of us being corrupted or inaccurate; you being unable for whatever reason to access or use the Site or Services; benefits, goods or services provided by an external provider/third-party; any acts or omissions by you, any other NTC members, or your or their personnel; or us, or other NTC members, acting on materials or communications which purport to have been made by or on behalf of you but which have been created or sent by (i) a third party purporting to act in your name, or (ii) a person who has lawful access to the Services but who exceeds his authority, regardless of whether such losses arise in contract, tort, negligence, breach of statutory duty or otherwise.

Further, neither we nor any of our agents, licensors or delegates or its or their directors, officers or employees will be liable for any indirect or consequential losses incurred or suffered by you, whether or not those losses are foreseeable.

The total aggregate liability of us to you for all losses arising out of or in connection with these terms and conditions, the Site and the Services (whether such losses arise in contract, tort, negligence, breach of statutory duty or otherwise) shall not exceed the amount of any fees received from you in the preceding 12 months. 

Except as specified in these terms and conditions, all express or implied conditions, terms, representations or warranties (whether implied by statute or otherwise) are hereby excluded to the maximum extent permitted by law.

These terms and conditions do not and shall not affect your statutory rights as a consumer.

13. Data protection and confidential information

You acknowledge and agree that we may monitor your use on the Site. This will include the recording of your activity and of any IP address or device used to connect with The Site

We may record, retain and use for monitoring, statistical analysis or marketing purposes information on or from your access to and use of the Site and the Services. Please see our privacy policy  for more information on how and for what purposes we use your personal data.

You shall treat as confidential and shall not (other than where permitted or compelled to do so by any Applicable Law) use or disclose to any person any Confidential Information nor permit its disclosure. For the purposes of these terms and conditions, Confidential Information means all information (in whatever form) which is not publicly known and which is disclosed to, or otherwise learnt by, you in connection with the site, Services, the Training Records provided or these terms and conditions.

14. Termination

Without affecting any other rights and remedies which we may have and without liability to you for any losses which may result, we may amend or terminate these terms and conditions: Immediately and without notice if: in our sole opinion, you materially breach any of these terms and conditions, or fail to adhere to the NTC Professional Code of Conduct. you fail to renew your membership; you become bankrupt or insolvent;  we are required by any applicable law to terminate these terms and conditions; or at any time by giving you 7 days' notice in writing.

On any termination of these terms and conditions your right to use the Site and the Services shall cease, and we may terminate your access to and use of the Site and Services and invalidate any relevant access details.

Termination for whatever reason of these terms and conditions shall not affect: any rights, liabilities or obligations which accrued before such termination; any right to payment of fees; and any of these terms and conditions that are intended to continue to have effect after such termination.

The right of an individual member to use digital smart devices as provided to that member will cease with immediate effect if a member falls into arrears on their membership subscription, cancels their membership or has their membership terminated by the NTC for any reason as set out above.

If we terminate your individual membership, you may appeal our decision to terminate by contacting us at [email protected] The matter might then be referred to an independent third party as chosen by us, and any decision they make regarding the termination of your membership will be considered final and binding.

15. Variation

We may change these terms and conditions at any time upon giving you 14 days prior written notice by email. The most recent edition of these terms and conditions will be binding upon you.

Members may exit the contract without penalty if they do not accept any proposed variation.

16. Third parties

A person who is not party to these terms shall not have any rights under on in connection with them under the Contracts (Rights of Third Parties) Act 1999.

17. Entire Agreement

These terms and conditions override any contrary terms or conditions published in relation to any membership subscription between you and us.

18. Trademarks & Brands

The "NTC" trademark and National Training Card name is owned by us and nothing contained on the Site or these terms and conditions shall constitute the grant of a licence to use such trademark without prior consent.

Marks owned by others may be used only when strictly permitted under the fair use doctrine and must only be used to describe the services and/or training achieved by an individual member

19. Governing Law and jurisdiction

These terms and conditions are governed by English law. You hereby irrevocably submit to the exclusive jurisdiction of the English courts notwithstanding the jurisdiction where you are based.

If any court or competent authority decides that any of the provisions of these terms are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by the law.

20. Queries, comments and complaints

We will respond to any complaint or query received within five working days. This may be an acknowledgement that we have received a complaint whilst further investigations are carried out. Acknowledgement of service will not in any regard constitute acceptance of or validity of a complaint

If you have any queries, comments or complaints about your membership or use of this site please contact the NTC team on [email protected]

*As outlined in the Consumer Protection (Distance Selling) Regulations 2000