Terms And Conditions

ABOUT US

RED Driving School is the trading name of RDS Driving Services Limited and shall be referred to throughout these terms of business as RED.

RED engages directly with individual franchised driving instructors, who are self-employed and act in their capacity as franchisees of RED under the terms of a franchise agreement between RED and the instructor.  The contract for driving tuition is solely between you and your instructor.

LEARNER DRIVER – Terms and Conditions

In order to have driving lessons you must:

• Be aged 17 or older (16 or over if disabled)
• Hold a driving licence that is valid for the UK (provisional, full or an appropriate foreign licence)

It is your responsibility to provide your instructor with proof that you have a valid licence to drive before the commencement of your first driving lesson.  If you fail to provide this proof, your instructor is entitled to refuse to conduct the driving lesson but may still charge you for such driving lesson.

VOUCHERS – Terms and Conditions

 General

• Driving lessons are only available to those who hold a driving licence valid in the UK.
• Your instructor reserves the right to refuse to provide you with driving lessons or to cancel any driving lessons you have booked, if you fail to provide proof of an appropriate licence prior to your first driving lesson.
• RED does not guarantee that a specific instructor, vehicle, or driving lesson time will be available.
• Always keep the voucher in a safe place as it cannot be re-issued if lost or damaged.
• The voucher is valid until the date shown and must be redeemed by that date.
• The voucher has no cash value.
• The voucher is non-refundable.

Cash Gift Vouchers, Priority Pass Vouchers and Fast Start 2021 Vouchers*

• Cash vouchers provide a cash value towards driving lessons through RED only.
• Cash vouchers can only be purchased online at www.go-red.co.uk.
• Cash vouchers can only be redeemed online at www.go-red.co.uk.

*Cash Gift Vouchers, Priority Pass Vouchers and Fast Start 2021 Vouchers must be redeemed within 6 months of RED Driving Lessons commencing.

The voucher promoter is: RDS DRIVING SERVICES LIMITED, Pavilion 6, Coxwold Way, Belasis Technology Park, Billingham, TS23 4EA.

Introductory Offer

• An introductory offer is only available to new customers with RED Driving School and only one introductory offer is allowed per customer.
• With the 6 hours for the price of 4 offer and 14 for 12 offer, one of your free hours must be used on the day of your test.
• RED reserves the right to remove or amend any introductory offers at any time.
• RED reserves the right to reject a purchase of the 6 hours for the price of 4 offer and 14 for 12 offer if it is deemed inappropriate for either the customer or the Driving Instructor.
• Details of our current offers can be found on our website.

Short notice test bookings

A short notice test is when there is two weeks or less from the date of the first planned driving lesson to the booked driving test date. Before making a booking or payment for a short notice test, please be aware of the following terms and conditions:

• Booking of a Short Notice Test package consists of five hours’ worth of instructor and tuition vehicle time.
• During the first two hours you will be assessed by your instructor. If after the initial two hour assessment the instructor tells you that you are not ready for an attempt at your driving test, the instructor will not take you to that test.
• If you need additional tuition prior to the test the instructor will explain this to you. You will need to be available for the time slots your instructor is available should you wish to take these driving lessons. If you cannot take the required hours prior to your test date, the instructor will not be able to take you for test.
• You will need to pay for five hours of driving lessons prior to the first driving lesson commencing, which is not refundable if the instructor says you are not ready for test. The balance of your funds or hours can however be used for further driving lessons.
• The Driving and Vehicle Standards Agency stipulate that you need to give three clear working days to cancel your driving test. You may / will lose your Driving and Vehicle Standards Agency test fee if the instructor says you are not ready for your test dependent on the gap between your first driving lesson and the driving test.
• If you change your mind after you have made a short notice test booking and wish to cancel your booking prior to the first lesson, our standard cancellation and refund terms and conditions apply with a minimum of 48 hours’ notice required prior to the first driving lesson.
• This offer cannot be taken in conjunction with any other offer.
• The driving lesson price is at the standard rate for driving lessons in the relevant postcode area.

Website – Terms and Conditions

Use of the RED Website

Your use of the RED website is subject to these terms, and by using the RED website you demonstrate your agreement to such terms. If you do not agree to these terms, please do not use the website. You may copy or print pages from this site solely for personal, non-commercial purposes. You may not otherwise use, modify, copy, print, display, reproduce, distribute or publish any information from this site without the express permission of RED. At any time RED may, without notice make changes to this site or to the services or products described in this site. Information on this website may contain technical inaccuracies or typographical errors. Information may be changed or updated without notice. RED, may also make improvements and/or changes in the products described in this information at any time without notice.

Copyright

The images, logos and names on this website which identify RED or third parties and their products and services are proprietary marks of RED and/or the relevant third parties.

Disclaimers

Whilst RED has taken care in the preparation of the contents of this website, this website and the information, names, images, pictures, logos, icons regarding or relating to RED, or the products and services of the same (or to third party products and services), are provided on an “as is” basis without any representation or endorsement being made and without any warranty of any kind, whether express or implied, including but not limited to, any implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy. To the extent permitted by law, all such terms and warranties are hereby excluded. In no event will RED and/or any partner company be liable (whether in contract or tort (including negligence or breach of statutory duty) or otherwise) for any losses sustained and arising out of or in connection with use of this website including, without limitation, indirect or consequential losses, loss of business, loss of profit, loss of data, loss of anticipated revenue or special loss.

RED does not represent that the information contained in this website is accurate, comprehensive, verified or complete, and shall accept no liability for the accuracy or completeness of the information contained in the website or for any reliance placed by any person on the information.

RED does not warrant that the functions or materials accessible from or contained in this website will be uninterrupted or error free, that defects will be corrected or that this website or the server that makes it available are virus or bug free or represent the full functionality, accuracy, reliability of the materials.

Links to other websites

Certain (hypertext) links will lead you to websites that are not under the control of RED. When you activate any of these links, you will leave the RED website and as such RED has no control over and will accept no responsibility or liability in respect of, the material on any such other website. By allowing links with third party websites RED does not intend to solicit business or offer any security to any person in any country, directly or indirectly.

Jurisdiction and law

Unless otherwise specified, the products and services described in this website are available only to UK residents (excluding the Channel Islands and Isle of Man). The information on this website is not directed at anyone other than UK residents and applications from others will, unless otherwise stated, not be accepted. RED makes no representation that any product or service referred to on the website are appropriate for use, or available in other locations. The information and other materials contained in this website may not satisfy the laws of any other country and those who choose to access this site from other locations are responsible for compliance with local laws if and to the extent local laws are applicable. The phone numbers provided only apply to phone calls made from within the UK.

These Terms and Conditions and any terms and conditions relating to products or services described in this website shall be governed by and construed in accordance with the laws of England and Wales. Disputes arising in relation to the same shall, unless otherwise expressly agreed, be subject to the exclusive jurisdiction of the courts of England and Wales.

Changes to terms and records of agreements

RED reserve the right to change these terms and conditions at any time by posting changes on the website. It is your responsibility to review the website terms and conditions regularly to ensure that you are aware of the latest terms and conditions. Your use of this website after a change has been posted will be deemed to signify your acceptance of the modified terms and conditions.

We recommend that you print off and retain for your records a copy of these terms and conditions from time to time and a copy of any terms and conditions relating to any product or service which you apply for on-line, together with any related application form completed and submitted.

Ownership of website

This website belongs to RDS DRIVING SERVICES LIMITED (a wholly owned subsidiary of Driving Success Limited) trading as RED Driving School whose registered address is: Pavilion 6, Coxwold Way, Belasis Technology Park, Billingham, TS23 4EA. Registered in England and Wales 7372476.

Corporate Driver Training – Terms of Business

PLEASE NOTE: These terms of business govern the relationship between You as a Client or Supplier respectively and Us as a provider of Services to You in Your capacity as Client or Supplier. Please read these carefully as they affect Your rights under the law and take effect to become binding on You without a requirement for Your signature.

1. Definitions

In this Agreement, the following words have the meanings set out below:

Interpretation:

• Unless expressly provided otherwise in this Contract, a reference to legislation or a legislative provision:
  • is a reference to it as amended, extended or re-enacted from time to time; and
  • shall include all subordinate legislation made from time to time under that legislation or legislative provision.
• Any words following the terms including, include, in particular, for example or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.
• A reference to writing or written includes email.

Supply of services

• Subject to the Customer paying the Charges in accordance with clause 6 and the restrictions set out in this clause 2, RED shall supply the Training Services to the Customer from the Training Services Start Date (where the Services include Training Services) and the Driver Risk Management Services to the Customer from the Driver Risk Management Services Start Date (where the Services include Driver Risk Management Services), in each case subject to and in accordance with this Contract.
• In supplying the Services, RED shall:
  • perform the Services with reasonable care and skill;
  • perform the Services in accordance with the relevant service description set out in Schedule 1 in all material respects;
  • ensure that the Deliverables, and all goods, materials, standards and techniques used in providing the Services are of satisfactory quality and are fit for purpose;
  • comply with all applicable laws, statutes, regulations and codes from time to time in force, provided that RED shall not be liable under this Contract if, as a result of such compliance, it is in breach of any of its obligations under this Contract;
  • take reasonable care of all Customer Materials in its possession and make them available for collection by the Customer on reasonable notice and request, always provided that RED may destroy the Customer Materials if the Customer fails to collect the Customer Materials within a reasonable period after termination or expiry of this Contract; and
  • be entitled to vary the Training Date and start time by providing notice to the Customer by telephone, email or post at any time. RED will use reasonable endeavours to provide the Training Services on the Training Date and at the agreed start time but, in the event of a course cancellation imposed by RED, the Customer will be offered the next available Training Date.
  • Where RED is supplying Driver Risk Management Services:
    • subject to the restrictions set out in this clause 2 and the other terms and conditions of this Agreement, RED hereby grants to the Customer a non-exclusive, non-transferable right, without the right to grant sublicences, to use the Platform during the Subscription Term solely for the Customer’s internal business operations;
    • RED shall not be liable for failure to comply with clauses 2.2.1 – 2.2.3 (inclusive) to the extent that any non-conformance of the Platform is caused by use of the Platform contrary to RED’s instructions, or modification or alteration of the Platform by any party other than RED or RED’s duly authorised contractors or agents. If the Platform does not comply with clauses 2.1 – 2.2.3 (inclusive), RED will, at its expense, use reasonable commercial endeavours to correct any such non-conformance promptly, or provide the Customer with an alternative means of accomplishing the desired performance. Such correction or substitution constitutes the Customer’s sole and exclusive remedy for any breach of clauses 2.2.1 – 2.2.3 in respect of the Driver Risk Management Services.

 RED:

• does not warrant that:
  • the Customer’s use of the Driver Risk Management Services will be uninterrupted or error-free; or
  • that the Driver Risk Management Services, Deliverables and/or the information obtained by the Customer through the Driver Risk Management Services will meet the Customer’s requirements (but shall use reasonable endeavours to ensure that any Deliverables in relation to the Training Services are in line with current legislative and regulatory requirements); or
  • the Platform or the Driver Risk Management Services will be free from vulnerabilities or viruses.
  • is not responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the internet, and the Customer acknowledges that the Driver Risk Management Services and Deliverables may be subject to limitations, delays and other problems inherent in the use of such communications facilities.
  • RED shall follow its standard archiving procedures for Customer Data as may be amended by RED in its sole discretion from time to time. In the event of any loss or damage to Customer Data, the Customer’s sole and exclusive remedy against RED shall be for RED to use reasonable commercial endeavours to restore the lost or damaged Customer Data from the latest back-up of such Customer Data maintained by RED in accordance with its standard archiving procedure. RED shall not be responsible for any loss, destruction, alteration or disclosure of Customer Data caused by any third party except those third parties sub-contracted by RED to perform services related to Customer Data maintenance and back-up for which it shall remain fully liable.
  • RED shall use commercially reasonable endeavours to make the Platform available 24 hours a day, seven days a week, except for:
    • planned maintenance carried out during the maintenance window of 9pm to midnight UK time; and
    • unscheduled maintenance performed outside normal business hours, provided that RED has used reasonable endeavours to give the Customer at least 6 normal business hours’ notice in advance.
  • RED will, as part of the Driver Risk Management Services and at no additional cost to the Customer, provide the Customer with customer support services during normal business hours where the Customer is unable to access the Platform.
  • The rights provided under this clause 2 are granted to the Customer only and shall not be considered granted to any subsidiary or holding company of the Customer.

Customer’s obligations

• The Customer shall:
  • co-operate with RED in all matters relating to the Services;
  • comply with all applicable laws and regulations with respect to its activities under this Contract;
  • provide, for RED, its agents, subcontractors, consultants and employees, in a timely manner and at no charge, access to the Customer’s premises, office accommodation, data and other facilities as reasonably required by RED or any of them;
  • provide, in a timely manner, such information as RED may reasonably require, and ensure that it is accurate and complete in all material respects (including but not limited to Customer Data, security access information and configuration services); and
  • where RED is providing the Training Services:
    • provide roadworthy and suitably insured vehicle (for business use) for the purposes of receiving practical on-the-road driver training (except where other arrangements have been made in writing); and
    • ensure that any trainees attending on its behalf are not under the influence of drink and/or drugs or any other substances. Any attendees who do not comply with this requirement will not be allowed to take part in the Training Services and the Training Services will be cancelled with immediate effect and no refund shall be offered.
  • Where RED is providing Driver Risk Management Services, the Customer shall:
    • not access, store, distribute or transmit any viruses, or any material during the course of its use of the Platform that:
      • is unlawful, harmful, threatening, defamatory, obscene, infringing, harassing or racially or ethnically offensive;
      • facilitates illegal activity;
      • depicts sexually explicit images;
      • promotes unlawful violence;
      • is discriminatory based on race, gender, colour, religious belief, sexual orientation, disability; or
      • is otherwise illegal or causes damage or injury to any person or property;

and RED reserves the right, without liability or prejudice to its other rights to the Customer, to disable the Customer’s access to any material that breaches the provisions of this clause.

• not:
  • except as may be allowed by any applicable law which is incapable of exclusion by agreement between the parties and except to the extent expressly permitted under this Agreement:
    • attempt to copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit, or distribute all or any portion of the Platform in any form or media or by any means; or
    • attempt to de-compile, reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of the Platform; or
  • access all or any part of the Platform in order to build a product or service which competes with the Platform; or
  • use the Platform to provide services to third parties; or
  • subject to clause 2, license, sell, rent, lease, transfer, assign, distribute, display, disclose, or otherwise commercially exploit, or otherwise make the Platform available to any third party; or
  • attempt to obtain, or assist third parties in obtaining, access to the Platform, other than as provided under this clause 2; or
  • introduce or permit the introduction of, any virus or vulnerability into RED’s network and information systems.
• use all reasonable endeavours to prevent any unauthorised access to, or use of, the Platform and, in the event of any such unauthorised access or use, promptly notify RED;
• ensure that its network and systems comply with the relevant specifications provided by RED from time to time; and
• be, to the extent permitted by law and except as otherwise expressly provided in this Contract, solely responsible for procuring, maintaining and securing its network connections and telecommunications links from its systems to RED’s data centres, and all problems, conditions, delays, delivery failures and all other loss or damage arising from or relating to the Customer’s network connections or telecommunications links or caused by the internet.

• The Customer shall own all right, title and interest in and to all of the Customer Data that is not personal data and shall have sole responsibility for the legality, reliability, integrity, accuracy and quality of all such Customer Data.
• If RED’s performance of its obligations under this Contract is prevented or delayed by any act or omission of the Customer, its agents, subcontractors, consultants or employees, RED shall:
  • not be liable for any costs, charges or losses sustained or incurred by the Customer that arise directly or indirectly from such prevention or delay;
  • be entitled to payment of the Charges despite any such prevention or delay; and
  • be entitled to recover any additional costs, charges or losses RED sustains or incurs that arise directly or indirectly from such prevention or delay.
• The Customer acknowledges and agrees that:
  • where RED is unable to provide the Training Services for reasons outside of RED’s reasonable control (for example, trainer illness or unsuitable weather conditions), no refunds or any other compensation will be paid to the Customer and RED will offer an alternative training date as soon as practically possible. In the event of a mechanical breakdown, RED shall provide additional training equal to the amount of time lost due to such mechanical failure;
  • any variations to Training Date(s) and/or start times will be accepted by RED (subject to Clause 6.9) wherever possible. However, where the Training Services are completely rescheduled RED shall be entitled to pass on any charges made by the DVSA (or any other 3^rd party who RED may have engaged in order to deliver some or all of the Training Services) to RED as a result of the rescheduling; and
  • RED shall not be liable for any practical tests being cancelled by DVSA.

Data protection

The parties shall comply with their data protection obligations as set out in Schedule 2 (Data protection).

Intellectual property

• RED and its licensors shall retain ownership of all RED IPRs. The Customer and its licensors shall retain ownership of all Intellectual Property Rights in the Customer Materials.
• RED grants the Customer, or shall procure the direct grant to the Customer of, a fully paid-up, worldwide, non-exclusive, royalty-free, licence to use the Deliverables in the Customer’s business during the term of this Contract.
• The Customer grants RED a fully paid-up, worldwide, non-exclusive, royalty-free, non-transferable licence to copy and modify the Customer Materials for the term of this Contract for the purpose of providing the Services to the Customer in accordance with this Contract.
• Subject to clause 6, RED shall indemnify the Customer in full against any sums awarded by a court against the Customer arising out of or in connection with any claim brought against the Customer for infringement of a third party’s rights (including any Intellectual Property Rights) arising out of or in connection with the receipt or use of the Services by the Customer.
• The Customer shall indemnify RED in full against any sums awarded by a court against RED arising of or in connection with any claim brought against RED for infringement of a third party’s rights (including any Intellectual Property Rights) arising out of, or in connection with, the receipt or use of the Customer Materials by RED.
• In no event shall RED, its employees, agents and sub-contractors be liable to the Customer to the extent that the alleged infringement is based on:
  • a modification of the Driver Risk Management Services, the Platform or Deliverables by anyone other than RED; or
  • the Customer’s use of the Services or Deliverables in a manner contrary to the instructions given to the Customer by RED; or
  • the Customer’s use of the Services or Documentation after notice of the alleged or actual infringement from RED or any appropriate authority.

Charges and payment

• In consideration for the provision of the Services, the Customer shall pay RED the Charges in accordance with this clause 6.
• RED shall invoice the Customer for the entire Training Services Charge prior to the Training Services Start Date.
• RED shall invoice the Customer for the Driver Risk Management Services as follows:
  • the Driver Risk Management Services Monthly Charge for each of the first 6 calendar months in the Subscription Term shall be invoiced in full on or before the Driver Risk Management Services Start Date; and
  • the Driver Risk Management Services Monthly Charge for each subsequent calendar month in the Subscription Term shall be invoiced monthly in advance on the first day of the relevant calendar month.
• Payment shall be due on receipt by the Customer of the relevant invoice (unless otherwise agreed between the parties in writing).
• RED shall not be obliged to provide any Training Services until the relevant invoice for such Training Services has been paid by the Customer in full (unless otherwise agreed between the parties in writing).
• If the Customer fails to make any payment due to RED under this Contract for Driver Risk Management Services by the due date for payment, then, without limiting RED’s remedies under clause 8 (Termination), RED may, without liability to the Customer, suspend all Services until payment has been made in full.
• All Charges exclude amounts in respect of value added tax (VAT), which the Customer shall additionally be liable to pay to RED at the prevailing rate (if applicable), subject to receipt of a valid VAT invoice.
• All amounts due under this Contract from the Customer to RED shall be paid by in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
• Where bookings for Training Services have been confirmed between the Customer and RED, the Customer may cancel the Training Services. The percentage of the Charges for the relevant Training Services or the fee stated (instead of the Charges), as detailed in the table below, will apply to cancellations/re-scheduled Training Services and/or amendments initiated by the Customer prior to the Training Services being delivered:

All cancellations must be made by the Customer in writing.

Limitation of liability

• References to liability in this clause 7 include every kind of liability arising under or in connection with this Contract including but not limited to liability in contract, tort (including negligence), misrepresentation, restitution or otherwise.
• Nothing in this clause 7 shall limit the Customer’s payment obligations under this Contract.
• Nothing in this Contract limits any liability which cannot legally be limited, including but not limited to liability for:
  • death or personal injury caused by negligence;
  • fraud or fraudulent misrepresentation; and
  • breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession).
  • Except as expressly and specifically provided in this Contract:
    • the Customer assumes sole responsibility for results obtained from the use of the Driver Risk Management Services by the Customer, and for conclusions drawn from such use. RED shall have no liability for:
      • any damage caused by errors or omissions in any information, instructions or scripts provided to RED by the Customer in connection with the Services; or
      • any actions taken by RED at the Customer’s direction.
    • all warranties, representations, conditions and all other terms of any kind whatsoever implied by statute or common law are, to the fullest extent permitted by applicable law, excluded from this Contract; and
    • the Driver Risk Management Services are provided to the Customer on an “as is” basis.
• • Subject to clause 2, clause 7.3 and clause 7.4, each party’s total liability to the other for all loss or damage arising under or in connection with this Contract as a result of any act or omission of a party in a Relevant Period (a Relevant Period being a single period of 12 calendar months, the first beginning on the Effective Date and thereafter each 12 calendar month period beginning on an anniversary thereof) shall not exceed the total Charges paid by the Customer to RED for the Services in that Relevant Period.
  • Subject to clause 2, clause 7.3 and clause 7.4, this clause 7.6 sets out the types of loss that are wholly excluded:
    • loss of profits;
    • loss of sales or business;
    • loss of agreements or contracts;
    • loss of anticipated savings;
    • loss of use or corruption of software, data or information;
    • loss of or damage to goodwill; and
    • indirect or consequential loss.

Term and termination

• The Contract shall commence on the Effective Date and continue, unless terminated earlier in accordance with clause 2 or clause 8.3, until:
  • the Training Services have been completed when it shall automatically terminate (where the Services include the Training Services only);
  • the termination of this Contract on the expiry of not less than 30 days prior written notice from either party to the other in respect of the Driver Risk Management Services (where the Services include the Driver Risk Management Services only) Provided that any such notice must expire on the last day of a calendar month and where given by the Customer (but not RED) no earlier than the date which is 6 calendar months after the Driver Risk Management Services Start Date; and
  • where the Services include the Training Services and the Driver Risk Management Services:
    • this Contract shall automatically terminate on the completion of the Training Services where the provision of the Driver Risk Management Services has already been terminated as a result of either party having already exercised its rights to terminate the Driver Risk Management Services;
    • this Contract shall terminate on the expiry of not less than 30 days prior written notice from either party to the other terminating this Contract in respect of the Driver Risk Management Services where the Training Services have already been completed when the notice is given Provided that any such notice must expire on the last day of a calendar month and where given by the Customer (but not RED) no earlier than the date which is 6 calendar months after the Driver Risk Management Services Start Date;
    • RED’s obligation to provide the Driver Risk Management Services shall cease on the expiry of not less than 30 days prior written notice of termination from either party in respect of the Driver Risk Management Services where the Training Services have not already been completed when the notice is given Provided that any such notice must expire on the last day of a calendar month and where given by the Customer (but not RED) no earlier than the date which is 6 calendar months after the Driver Risk Management Services Start Date;
    • completion of the Training Services or the exercise of any cancellation or termination right in respect of the Training Services shall apply to the Training Services only and shall not terminate this Contract which shall continue in full force and effect in respect of the Driver Risk Management Services; and
    • termination or cessation of the obligation to provide the Driver Risk Management Services shall apply to the Driver Risk Management Services only and shall not terminate this Contract which shall continue in full force and effect in respect of the Training Services.
• Without affecting any other right or remedy available to it, either party to this Contract may terminate it with immediate effect (in respect of the Training Services and/or the Driver Risk Management Services) by giving written notice to the other party if:
  • the other party commits a material breach of any term of this Contract which breach is irremediable or (if such breach is remediable) fails to remedy that breach within a period of 14 days after being notified in writing to do so;
  • the other party takes any step or action in connection with its entering administration, provisional liquidation or any composition or arrangement with its creditors (other than in relation to a solvent restructuring), applying to court for or obtaining a moratorium under Part A1 of the Insolvency Act 1986, being wound up (whether voluntarily or by order of the court, unless for the purpose of a solvent restructuring), having a receiver appointed to any of its assets or ceasing to carry on business or, if the step or action is taken in another jurisdiction, in connection with any analogous procedure in the relevant jurisdiction;
  • the other party suspends, or threatens to suspend, or ceases or threatens to cease to carry on all or a substantial part of its business; or
  • the other party’s financial position deteriorates to such an extent that in the terminating party’s reasonable opinion the other party’s capability to adequately fulfil its obligations under this Contract has been placed in jeopardy.
• Without affecting any other right or remedy available to it, RED may terminate this Contract with immediate effect (in respect of the Training Services and/or the Driver Risk Management Services) by giving written notice to the Customer if:
  • the Customer fails to pay any amount due under this Contract on the due date for payment; or
  • there is a change of control of the Customer.
• On termination of this Contract for whatever reason:
  • all licences granted under this Contract shall immediately terminate and the Customer shall immediate cease all use of the Services;
  • each party shall return and make no further use of any equipment, property or other items (and copies of them) belonging to the other party;
  • RED may destroy or otherwise dispose of any of the Customer Data in its possession unless RED receives, no later than ten days after the effective date of the termination of the Contract, a written request for the delivery to the Customer of the then most recent back-up of the Customer Data. RED shall use reasonable commercial endeavours to deliver the back-up to the Customer within 30 days of its receipt of such a written request, provided that the Customer has, at that time, paid all fees and charges outstanding at and resulting from termination (whether or not due at the date of termination). The Customer shall pay all reasonable expenses incurred by RED in returning or disposing of Customer Data;
  • the Customer shall immediately pay to RED all of RED’s outstanding unpaid invoices and interest and, in respect of Services supplied but for which no invoice has been submitted, RED may submit an invoice, which shall be payable immediately on receipt;
    • any provision of this Contract that expressly or by implication is intended to come into or continue in force on or after termination or expiry of this Contract shall remain in full force and effect; and
    • termination or expiry of this Contract shall not affect any of the rights, remedies, obligations or liabilities of the parties that have accrued up to the date of termination or expiry, including the right to claim damages in respect of any breach of this Contract which existed at or before the date of termination or expiry.
• Where the Services include the Training Services and the Driver Risk Management Services and:
  • the Training Services are completed or cancelled or any right of termination is exercised in respect of the Training Services but not the Driver Risk Management Services; or
  • any right of termination is exercised in respect of the Driver Risk Management Services but not the Training Services,

clause 8.4 shall apply but only in respect of those parts of the Services so completed, cancelled or terminated (and references in that clause to termination or expiry shall be construed accordingly) and shall not apply so as to prevent or restrict the performance by the parties of their continuing obligations in respect of those parts of the Services not so completed, cancelled or terminated.

General

• Force majeure. Neither party shall be in breach of this Contract nor liable for delay in performing, or failure to perform, any of its obligations under this Contract if such delay or failure result from events, circumstances or causes beyond its reasonable control.
• Assignment and other dealings. Neither party shall assign, transfer, charge, subcontract, declare a trust over or deal in any other manner with any or all of its rights and obligations under this Contract without the other party’s prior written consent.
  • Each party undertakes that it shall not at any time disclose to any person any confidential information concerning the business, affairs, customers, clients or suppliers of the other party, except as permitted by clause 3. For the purposes of this clause 9.3, group means, in relation to a party, that party, any subsidiary or holding company from time to time of that party, and any subsidiary from time to time of a holding company of that party.
  • Each party may disclose the other party’s confidential information:
    • to its employees, officers, representatives, contractors, subcontractors or advisers who need to know such information for the purposes of carrying out the party’s obligations under this Contract. Each party shall ensure that its employees, officers, representatives, contractors, subcontractors or advisers to whom it discloses the other party’s confidential information comply with this clause 3; and
    • as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority.
  • Neither party shall use any other party’s confidential information for any purpose other than to perform its obligations under this Contract.
• Entire agreement.
  • The Contract constitutes the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.
  • Each party acknowledges that in entering into this Contract it does not rely on and shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in this Contract. Each party agrees that it shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this Contract.
  • No variation of this Contract shall be effective unless it is in writing and signed by the parties (or their authorised representatives).
    • A waiver of any right or remedy under this Contract or by law is only effective if given in writing and shall not be deemed a waiver of any subsequent right or remedy.
    • A failure or delay by a party to exercise any right or remedy provided under this Contract or by law shall not constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict any further exercise of that or any other right or remedy. No single or partial exercise of any right or remedy provided under this Contract or by law shall prevent or restrict the further exercise of that or any other right or remedy.
  • If any provision or part-provision of this Contract is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause 9.7 shall not affect the validity and enforceability of the rest of this Contract.

Notices

• Any notice given to a party under or in connection with this Contract shall be in writing and shall be:
  • delivered by hand or by pre-paid first-class post or other next working day delivery service at its registered office (if a company) or its principal place of business (in any other case); or
  • sent by email to the addresses specified in this Contract Details.
• Any notice or communication shall be deemed to have been received:
  • if delivered by hand, at the time the notice is left at the proper address;
  • if sent by pre-paid first-class post or other next working day delivery service, at 9.00 am on the second Business Day after posting; or
  • if sent by email, at the time of transmission, or, if this time falls outside business hours in the place of receipt, when business hours resume. In this clause 8.2.3, business hours means 9.00am to 5.00pm Monday to Friday on a day that is not a public holiday in the place of receipt.
  • This clause 8 does not apply to the service of any proceedings or other documents in any legal action or, where applicable, any arbitration or other method of dispute resolution.

Third party rights.

• Unless it expressly states otherwise, this Contract does not give rise to any rights under this Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Contract.
• The rights of the parties to rescind or vary this Contract are not subject to the consent of any other person.

Governing law. The Contract, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation, shall be governed by, and construed in accordance with the law of England.

Jurisdiction. Each party irrevocably agrees that the courts of England shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with this Contract or its subject matter or formation.

Skid Pan Training Course – Terms and Conditions

1. Vouchers are valid for a period of 12 months from the date of purchase and can be redeemed
by contacting us by phone on 01332 810007 or by email at admin@redtraining.com.

2. You have 14 (fourteen) days after purchasing a voucher to change your mind and cancel your
purchase by contacting us using the details set out above. If you notify us that you have
changed your mind after 14 (fourteen) days, no refund will be available.

3. After booking your Skid Pan Training Course (Course), any amendments you wish to make to
your booking (for example, a change of date) must be requested by you at least 14 (fourteen)
days prior to the date of the Course using the contact details set out above. We will
accommodate amendments where reasonably possible but this is at our sole discretion and
we are under no obligation to do so.

4. You agree on behalf of yourself and/or any other person who will take part in the Skid Pan
Training Course (Course) on whose behalf you are booking (“the Driver”), that you and/or the
Driver:

4.1 will meet the participant guidelines set out on our website on the date of the Course; and

4.2 shall obey all instructions given by our staff or associates on the day of the Course and follow
all rules of the track and venue where the Course is taking place. We reserve our right to end the Course at any time with no liability to you or the Driver if
you/the Driver fail to comply with this clause 4.

5. If we are unable to provide the Course for whatever reason on your chosen date, our liability
to you shall not exceed the total amount that you paid for the Course (except where we are
unable because you and/or the Driver have not complied with these Terms and Conditions in
which case we will have no liability to you). In these circumstances, you can ask for a refund
or to move your booking to a different date (subject to availability).

6. You and/or the Driver will be required to complete and sign an indemnity/damage waiver form
on the day of the Course before you are allowed to participate. If you would like a copy of this
form, please send your request to admin@redtraining.com.

7. We will not be responsible for any loss you suffer if the loss is:

7.1 Unexpected. It was not obvious that it would happen and nothing you said to us before we
accepted your booking meant we should have expected it (so, in the law, the loss was
unforeseeable). Any special circumstances relating to your booking must be notified to us in
writing by email to admin@redtraining.com prior to our acceptance of your booking;

7.2 Avoidable. Something you could have avoided by taking reasonable action, including
following our reasonable instructions; or

7.3 A business loss. It relates to your participation in the Course for the purpose of your trade,
business, craft or profession.

8. Nothing in these Terms and Conditions seeks to exclude or limit our liability for death or
personal injury caused by our negligence or for fraud or any other liability which by law cannot
be excluded or limited.

9. The booking of the Course is personal to you and/or the Driver and you may not transfer the
booking to any other person.

10. Your personal data will be processed in accordance with our Privacy Policy:
www.reddrivingschool.com/privacy/

Online Webinar Courses – Terms and Conditions

The below terms and conditions apply to RED Online Webinar Courses, hereafter referred to as Course.

1. Course provider

The Course will be provided by RED and its agents.

2. Booking

When you purchase and book a Course we will send you an automated email confirmation and the information to start your learning journey.

You will be asked to book all Course modules for the purchased Course at the time of the initial booking.

You may be allowed to change the date of a booked module up to 48 hours prior to the commencement of that module, provided there is availability for the same module on an alternative date. If a suitable date is available, you will not be charged for this rebooking.

RED has no obligation to provide alternative dates for module bookings.

You cannot transfer your Course purchase, in whole or in part, to an alternative Course.

It is your responsibility to attend your booked modules. If you fail to attend a module, or leave a module part way through delivery, RED is under no obligation to provide you with an alternative module.

All modules for a purchased Course must be completed within a year from the date of purchase.

If RED need to cancel or postpone a module for any reason, RED will notify you and provide an alternative date for the affected module. If no alternative date is made available to you, the cost of that and any remaining modules of the course, calculated on a straight pro-rata basis, will be refunded. your bookings on any future modules for that course will be cancelled.

3. Payment

Payment will be made through PayPal’s secure online payment process.

You may request a refund up to 14 days from date of purchase provided none of your booked modules have taken place, whether you attended or not.

4. Course materials

We may supply course materials. These are the intellectual property of RED and cannot be copied, reproduced, uploaded, displayed or linked in any way, in whole or part without RED’s prior written permission.

5. Technical capability

The course will be delivered through the Go To Webinar platform. It is your responsibility to have access to, and use of, suitable and compatible hardware and software for course attendance. You can check the hardware and software requirements here: https://support.goto.com/webinar/help/system-requirements-for-attendees-g2w010003