1. Definitions

1. “Attendee” means a person who is booked to attend a Course.
2. “Optima Health” means Optima Health UK Ltd, a company registered in England and Wales with company number 08842488.
3. “Contract” means these terms and conditions, the booking form which is completed by the attendee and the booking confirmation issued by Optima Health to the attendee.
4. “Course” means a course listed below or any similar course organised and run by Optima Health.
   1. Audiometry Course
   2. Spirometry Course
   3. Vision Course
   4. HAVS Full FOM 2 Day Course
   5. FOM DipOccMed Course
   6. FOM DipOHPrac Course
   7. OH Case Management Course
   8. HAVS Training – One Day Refresher
   9. Report Writing for OH Professionals
   10. Lead and Asbestos Training
5. DP Legislation” means all applicable laws and regulations relating to the processing of personal data and privacy including the UK GDPR, Data Protection Act 2018, and the Privacy and Electronic Communications Regulations 2003 (SI 2003 No. 2426), and any statutory instrument, order, rule or regulation made thereunder.
6. “Scheduled Course” means a Course held Online or at Optima Health premises or any designated premises used by Optima Health on which attendees can book a place.

2. Registration

A signed booking form must be completed in full and returned to Optima Health prior to the commencement date of the training.

On receipt of a completed booking form Optima Health will issue a booking request received email with pro forma invoice and Term & Conditions. Once payment has been received, we will send a confirmation and joining instructions.

3. Cancellation charges

1. The attendee agrees to pay the following charges to Optima Health if for whatever reason the attendee fails to attend, cancels, or withdraws from a course without providing at least 4 weeks written notice prior to the scheduled start of the course. In this regard, a cancellation fee refers to a specific course date and therefore a transfer to a later course will count as a cancellation.
2. Cancellation charges – training courses:
   1. Cancelling 12 weeks or more before the course starts – No charge.
   2. Cancelling between 12 and 6 weeks before the course starts – 50% of course fee will be charged.
   3. Cancelling 6 weeks before and up until the course starts – 100% of course fee will be charged.

4. Materials

All materials shall remain the property of Optima Health.

5. Payment terms & methods

1. An Attendee who books a place on a Scheduled Course must make payment at the time of booking.
2. Optima Health reserves the right to withhold certificates until full payment has been cleared.
3. The Attendee shall pay VAT on all fees at the prevailing rate.
4. Accepted payment methods for the Course will be by bank transfer (payable to Optima Health), we also accept credit card payments.
5. Payments must be made no later than 4 weeks after initial booking request received. If no payment is received 4 weeks prior to the course start date you will not be able to start the course, and the place will be offered to someone on the waiting list. If booking takes place after the cancellation period (please see section 3) please contact trainingteam@optimahealth.co.uk.

6. Cancellations and changes to courses by Optima Health

1. Optima Health may cancel or reschedule a Course or Scheduled Course at any time.
2. If Optima Health cancels a Course or Scheduled Course, it will inform the Attendee of this as soon as possible and will give the Attendee the option of attending the next available Course.
3. All attendees and persons enrolling for a Course must ensure that courses are booked in good time and not closer to the expiration of their certificates. Optima Health does not accept any responsibility for certificates which expire because of a cancelled Course or re- scheduled Course.

7. Course timing and booking confirmation

1. Good time keeping throughout the Course is essential.
2. Optima Health will email a booking confirmation at the point of enrolment onto the course, and it will include information about the start time of the Course.
3. If at the point of enrolment no booking confirmation is received, it is the responsibility of the person making the booking to contact Optima Health by emailing TrainingTeam@optimahealth.co.uk to arrange for the booking confirmation to be re-sent.
4. If an Attendee fails to attend a Course or Scheduled Course because no booking confirmation was received, the Attendee will still be liable to pay the full cost of the Course.
5. It is the responsibility of the person enrolling onto the course to familiarise themselves with all the training information and ensure that the Attendee is fully briefed and made aware of these instructions about attendance, and all other Course requirements, before attending the Course.
6. Optima Health will email certificates to the email provided at time of booking.
   If an Attendee requires additional copies of Optima Health’s material, the Attendee may be required to pay an additional fee.

8. Attendance

Attendees are expected to attend and complete all aspects of the Course to qualify for certification – where certification is applicable.

The course is interactive, and participation will require attendees to have cameras on during sessions. Participants must ensure that they have suitable IT equipment to facilitate this prior to all sessions.

The full cost of the Course will be charged for Attendees who arrive late or are absent from all or part of the Course. This applies even if the Attendee is refused admittance due to lateness.

9. Limitation of liability

Except in respect of death or personal injury caused by the negligence of Optima Health, Optima Health shall not be liable by reason of any representation (unless fraudulent) or implied warranty, condition or other term, or any duty at common law or under these Terms and Conditions, for any loss of profit or any indirect special or consequential loss, costs, expenses or other claims for compensation.

Optima Health’s entire liability to the Attendee under or in connection with the Contract shall not exceed 100% of the price paid by the Attendee for the Course. Nothing in this paragraph is intended to exclude any liability on the part of Optima Health for death or injury or any issues that cannot be excluded at Law.

10. Data protection

1. The provisions of this clause 10 shall apply to any disclosure by the Attendee of personal data, including any sensitive personal data; as such terms are defined by the DP Legislation.
2. In the application form for a Course, the Attendee will provide Optima Health with the names, addresses telephone numbers and email addresses of all Attendees, and details of any medical conditions that might affect the participation of an Attendee on a Course.
3. The personal data referred to in clause 10 (b) will be used by Optima Health only for the purpose of Course administration.
4. Optima Health may disclose this personal data to its approved sub-processor or Group Companies. Also, the personal data may be disclosed to external parties which manage the applications for Courses, for example, organisations which provide call recording and customer relationship management.
5. Optima Health shall have technical and organisational measures in place against unauthorised or unlawful processing of personal data and against accidental loss or destruction of, or damage to, personal data held or processed by it, appropriate to the harm that might result from such unauthorised or unlawful processing or loss, destruction or damage to personal data and the nature of the personal data.
6. Optima Health shall take all reasonable steps to ensure that staff that has access to personal data processed in connection with this Contract is reliable and properly trained.
7. Optima Health shall not transmit personal data to a country or territory outside of the United Kingdom without ensuring that such data is afforded adequate protection as required by the DP Legislation.
8. Optima Health shall notify the Customer as soon as possible. if Optima Health believes any breach or unauthorised disclosure of personal information has occurred.
   Optima Health shall destroy all personal data relating to the Contract, using a secure method when it is no longer needed.
9. If Optima Health discloses personal data to a third party pursuant to clause 10 (b) above, Optima Health will use reasonable endeavours to ensure that each body to which the personal data is disclosed process only in accordance with documented instructions and maintains equivalent measures and processes, including confidentiality obligations and security measures to comply with the DP Legislation.
10. Client shall ensure that its systems and processes does not allow its organisation or Attendees access to record, store or redistribute training materials without Optima Health’s consent.

11. Complaints

If the Attendee has any complaint about any of the services which Optima Health provides, the Attendee should contact Optima Health via email TrainingTeam@optimahealth.co.uk.

Optima Health will try and resolve the complaint as soon as possible.

12. Governing law

These terms and conditions and any order which the Attendee places with Optima Health to which these terms and conditions apply shall be governed by and construed in accordance with the laws of England and Wales