Terms and conditions for courses

Definitions

"Client" means the individual, organisation or business for whom HSSIB has agreed to provide the Services;

"Course Materials" means the materials and information provided by HSSIB in respect of the Course(s) purchased by the Client in any medium;

"Fee" means the price payable by the fee-funded Client for the provision of Services;

"HSSIB", "we", "us", "our" means Health Services Safety Investigations Body;

"Intellectual Property Rights" means patents, rights to inventions, copyright and related rights, moral rights, trade marks and service marks, business names and domain names, rights in get-up and trade dress, goodwill and the right to sue for passing off or unfair competition, rights in designs, rights in computer software, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets) and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world;

"Participant" means the individual who has booked a place on a Course or for whom a place on a Course has been booked; and

"you" or "your" means the Client and/or the Participants if the context so requires.

Courses

These terms and conditions apply to the provision of the following online or in-person courses by HSSIB ("Services" or "Courses"):

Investigative Interviewing
Demystifying Thematic Analysis
After Action Review
Patient Safety Incident Response Framework Oversight
Strategic Decision Makers
Writing Reports following investigations and other learning responses
Involving those affected by patient safety incidents in the learning process
A systems approach to investigating and learning from patient safety incidents
SEIPS in Action
Demystifying AI in Healthcare

We reserve right to withdraw, change or update the Courses from time to time. Our courses are fee for those who work directly for the NHS, not those who are commissioned. By participating in our training opportunities, your anonymous feedback be used in further research and reporting.

Purchase of Services

In order to purchase any of the Services, you must email us at education@hssib.org.uk.

Services to be delivered

HSSIB will use its reasonable endeavours to supply the Services to meet the Course description on the email correspondence, subject to these terms and conditions.

All Courses will be delivered remotely via Teams on our learning management system platform, Canvas, or other videoconferencing system at HSSIB’s sole discretion. In-person training may be delivered but will be subject to the Client meeting all travel, accommodation, subsistence and additional faculty time.

The date, time and place of any Course purchased will be that specified in HSSIB’s confirmation email and also on your course homepage via Canvas, unless otherwise notified.

Participants

The Client will provide their full name, email address and contact details for all Participants for each Course once the Course is agreed. If the Course is to be delivered face to face then the Client will have to make suitable arrangements as set out by HSSIB at the time of booking. HSSIB will then send an enrolment link for those Participants to register.

Fees

The Fees for the Services shall be as set out on the booking form or as otherwise notified over email.

Save where specifically stated otherwise on the email, all Fees shall be exclusive of any amounts payable to any professional body for registration and examination entry. These are payable by you directly to the relevant professional body or examination board and we accept no responsibility or liability for your failure to book your exam with the relevant professional body or examination.

The Fees for the Services shall be paid 30 days before the Course start date. The Fees must be paid in full prior to you attending or accessing any Course.

The Client shall be responsible for all costs they incur in connection with their Participants' attendance at or access onto any Course.

Liability to the Client and Participants

Our liability to you as a consumer. We're responsible for losses you suffer caused by us breaking these terms and conditions unless the loss is:

Unexpected. It was not obvious that it would happen and nothing you said to us before we accepted your order meant we should have expected it (so, in the law, the loss was unforeseeable).
Caused by a delaying event outside our control. As long as we have taken the steps set out in the "Force Majeure" section.
Avoidable. Something you could have avoided by taking reasonable action. For example, damage to your own digital content or device, which was caused by digital content we supplied and which you could have avoided by following our advice to apply a free update or by correctly following the installation instructions or having the minimum system requirements advised by us.
A business loss. Our liability for any loss you suffer in connection with your trade, business, craft or profession is limited, as described immediately below.

Our liability to you as a business. If you're a business, then, except in respect of the losses described in "Losses we never limit or exclude":

we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with these terms and conditions or any contract between us; and
our total liability to you for all other losses arising under or in connection with these terms and condition or any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the total amounts paid for the Services by you.

Losses we never limit or exclude. Nothing in these terms shall limit or exclude our liability for: (i) death or personal injury caused by negligence; (ii) fraud or fraudulent misrepresentation; and (iii) any matter in respect of which it would be unlawful for us to exclude or restrict liability.

Except to the extent expressly stated in these terms and conditions, no conditions, warranties or other terms (express or implied) shall apply to the Services.

Communications with Participants and Clients

It is the responsibility of the Participant and Client to check their emails regularly, to manage any filters on their email accounts to ensure that email from HSSIB is sent into the ‘Inbox’ and not to a ‘spam’ or ‘junk’ email folder. Participants and Clients should ensure that their email inbox has an adequate amount of space to receive messages from HSSIB. All Course communication is sent by notifications@instructure.com.

Intellectual property

All Intellectual Property Rights in the Courses and Course Materials are and will remain the intellectual property of HSSIB or its licensors, whether adapted, written for or customised for the Client/Participants or not.

The Client and Participants are not authorised to:-

(i) copy, modify, reproduce, re-publish, sub-licence, sell, upload, broadcast, post, transmit or distribute any of the Course Materials without HSSIB's prior written permission;

(ii) record on video or audio tape, relay by videophone or other means any Course;

(iii) use the Course Materials in the provision of any other course or training whether given by us or any third party trainer;

(iv) remove any copyright or other notice of HSSIB's on the Course Materials; and

(v) modify, adapt, merge, translate, disassemble, decompile, reverse engineer (save to the extent permitted by law) any software forming part of the Courses.

Breach by the Client or Participants of the obligations above shall allow HSSIB to immediately terminate these terms and conditions and cease to provide the Client and all Participants with any Services.

In consideration of the Fees paid by the Client, we grant to the Client and Participants a limited, non-transferable, non-sublicensable, non-exclusive licence to use the Course Materials and the software in respect of the Courses for the sole purpose of completing the relevant Course and / or attending the Course.

Termination

We shall be entitled to terminate these terms and conditions and cease to provide the Client and Participants with any Services with immediate effect in the event that the Client or any of the Participants (as applicable):

fails to pay when the Fees are due (in the case of the Client only);
acts in an aggressive, bullying, offensive, threatening or harassing manner towards any employee of HSSIB, any teacher or lecturer who provides the Courses or any other Participant who attends any Course;
cheats or plagiarises any work which the Participant is required to prepare or submit in connection with the Services or during any examination taken in connection with the Services;
steals or acts in fraudulent or deceitful manner towards us or our employees or any other Participants who may be attending our Courses;
intentionally or recklessly damages our property or the property of our employees or other Participants attending the Courses;
is intoxicated through alcohol or illegal drugs while on our Courses;
commits any criminal offence against our employee or other Participant when attending our Courses; or
is in breach of these terms and conditions.

Expectations of Participants

Participants are expected to display the good conduct expected of those involved in the Courses and to comply with these terms and conditions, avoiding inappropriate behaviour and misconduct.

Unfortunately, in rare cases HSSIB may have to ask that a Participant does not take up their place or to leave a Course during its delivery due to unprofessional standards of behaviour and it reserves the right to do this and take any other action it deems appropriate to protect other Participants, itself, its staff and consultants. This action may include informing the Client of the circumstances and the action taken. If such action is necessary, any Fee paid will not be refundable.

Below are examples of behaviours expected of Participants and also examples of expected standards of behaviour.

Participants are expected to

Show respect and care for other participants and HSSIB's staff, facilitators and mentor;
Commit to the learning on the Course;
Join the Course via from a suitable environment free from interruptions, noise and distractions;
Ensure use of IT equipment and internet connection suitable to allow easy of access to the Course;
Attend the Course on time, properly prepared;
Provide balanced and constructive feedback as to your experience of the Course;
Inform HSSIB as soon as possible if the Participant needs additional support with their learning due to a disability or learning difficulty;
Play an active part in promoting respect and challenging any form of discrimination or abuse;
Keep confidential information shared with you by other Participants in class or on an individual basis and observe any ground rules as to confidentiality and anonymity; and
Follow the reasonable instructions of HSSIB, its staff and representatives.

Inappropriate behaviour

All Participants are expected to refrain from inappropriate behaviour of any sort including for example:

Behaviour or language which is hostile or shows prejudice towards individuals based on their disability, gender, race, religion, gender identity or sexual orientation;
Incorrect use of Course materials; and
Any behaviour inconsistent with the standards of good behaviour listed above.

Cancellation rights

The Client has the right to cancel a booking of a Course without giving any reason up to 30 days before the course start date. The cancellation must be notified to HSSIB by email to education@hssib.org.uk.

If the booking is made within 30 days of the start time for the Course, then the Client may still cancel the booking prior to the start time but will be liable to pay for the Services.

The HSSIB reserves the right to cancel a booking or a Course at its discretion. In such an event, the cancellation will be notified to the named contact as soon as possible. The HSSIB will use best endeavours to re-schedule the Course, but if HSSIB is unable to, then a full refund will be issued.

Transfer of a place

If in exceptional circumstances beyond the control of the Participant, the Participant is unable to take up their place on the Course, the Participant (or the Client on their behalf) may request to move their place to a later Course, if there are available places. The request must made by email to education@hssib.org.uk at least 48 hours in advance of the start time for the Course. The decision as to whether or not to accept the request is entirely within HSSIB’s discretion.

Force Majeure

If our supply of the Services is delayed by an event outside our control, we will contact you as soon as possible to let you know and do what we can to reduce the delay. As long as we do this, we won't compensate you for the delay, but if the delay is likely to be substantial you can contact our administration team: education@hssib.org.uk to end the contract and receive a refund for any Services you have paid for in advance, but not received, less reasonable costs we have already incurred.

Data Protection

How we use any personal data you give us is set out in our Privacy Notice.

Complaints

Our governance team: governance@hssib.org.uk will do their best to resolve any problems you have with us or our offering as per our complaints policy.

Law and Jurisdiction

These terms and conditions are governed by English law. If you are a consumer then, wherever you live, you can bring claims against us in the English courts and if you live in Wales, Scotland or Northern Ireland, you can also bring claims against us in the courts of the country you live in. If you are a consumer we can claim against you in the courts of the country you live in. If you are a business you irrevocably agree to submit all disputes arising out of or in connection with our contract with you to the exclusive jurisdiction of the English courts.

Other important terms

These terms and conditions are between HSSIB and the Client. Unless otherwise stated, nobody else can enforce them and neither of HSSIB or the Client will need to ask anybody else to sign-off on ending or changing them.

HSSIB can transfer its contract with the Client, so that a different organisation is responsible for supplying the Services. HSSIB will tell the Client in writing if this happens and, if they are a consumer, HSSIB will ensure that the transfer won't affect their rights under the contract.

The Client can only transfer their contract with HSSIB to someone else if HSSIB agrees to this.