Terms and Conditions of Sale of Business of Tunnel Engineering Limited
Last Updated 1st September 2025
Welcome to our website.
This page (together with our Privacy Policy and Cookie Policy) sets out information about us and the legal terms and conditions ("Terms") on which we sell our training courses ("Course(s)") as listed on our website ("Our Site") to you.
These Terms will apply to any contract between us for the sale of a Course to you (a "Contract"). Please read these Terms carefully and make sure you understand them before purchasing any Course from Our Site. By placing an order, you will be asked to confirm your acceptance of these Terms. If you do not agree to these Terms, you will not be able to purchase any Course from Our Site.
You should print a copy of these Terms or save them electronically for future reference.
We may amend these Terms from time to time, as set out in clause 5. Each time you wish to purchase a Course, please check these Terms to ensure you understand the terms which will apply at that time.
These Terms, and any Contract between us, are available only in the English language.
1. About Us
1.1. Company Information
We operate the website www.tunnel.engineering. We are Tunnel Engineering Limited, a company registered in England and Wales under company number 13475177. Our registered office is at 220 Vale Road, Tonbridge, Kent, TN9 1SP. Our VAT number is GB489655323.
1.2. Contacting Us if You Are a Consumer
You can contact us by email at welcome@tunnel.engineering or by telephone on 01732 445780. If you email us, please include details of your order to help us identify you and your order.
If we need to contact you or provide notice in writing, we will do so by email to the address you provide in your order.
1.3. Contacting Us if You Are a Business
You may contact us by telephone at 01732 445780 or by email at welcome@tunnel.engineering. If you wish to give us formal notice under these Terms, please see clause 18.7.
2. Definitions
In these Terms, the following words and expressions have the meanings set out below:
- "Business Customer" – Any person or entity acting for purposes relating to their trade, business, craft, or profession when purchasing a Course.
- "Consumer" – Any natural person acting for purposes outside their trade, business, craft, or profession when purchasing a Course.
- "Course or Courses" – Any training course, including virtual, remote, in-house, or classroom-based courses, offered for sale on Our Site. This includes any materials, e-books, videos, or other digital or physical content provided as part of the Course.
- "Contract" – The legally binding agreement between you and us for the sale and supply of a Course, formed when we send you the acceptance confirmation email.
- "Event Outside Our Control" – Any act or event beyond our reasonable control, including, without limitation: pandemics, epidemics, strikes, lock-outs, industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat thereof, war (declared or not), threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, natural disaster, failure of public or private telecommunications networks, or impossibility of using railways, shipping, aircraft, motor transport, or other means of public or private transport.
- "Working Day" – Any day other than a Saturday, Sunday, or public holiday in England.
- "Our Site" – www.tunnel.engineering, the website operated by Tunnel Engineering Limited.
- "Acceptance Confirmation" – The email we send to confirm acceptance of your order, which forms the Contract between you and us.
- "Digital Resources" – Any e-books, videos, online materials, or other digital content provided as part of a Course.
- "Hard Copy Resources" – Any printed materials, manuals, or other tangible items provided as part of a Course.
- "Price" – The amount payable for a Course as set out on Our Site at the time of your order, exclusive of VAT unless otherwise stated.
- "VAT" – Value Added Tax charged at the prevailing rate.
- "CITB Course" – Any Course delivered under the rules or specifications of the Construction Industry Training Board (CITB).
- "Digital Licensing" – The terms under which Digital Resources are licensed to you for personal, non-commercial use only, and are not sold.
3. How We Use Your Personal Information
We will only use your personal information in accordance with our Privacy Policy and applicable data protection laws, including the GDPR.
We use cookies on Our Site; details of which can be found in our Cookie Policy.
By placing an order, you consent to our use of your personal data for the purposes set out in our Privacy Policy.
4. Age Restrictions
If you are a Consumer, you may only purchase a Course from Our Site if you are at least 18 years old.
If you are under 18 but at least 16 years old, a parent or guardian may purchase a Course on your behalf. In such cases, the parent or guardian must sign a Parental Consent Form prior to the start date of the Course. To request a Parental Consent Form, please email welcome@tunnel.engineering.
If a Company purchases a Course on behalf of an employee aged 16–18, the Company must ensure that a Parental Consent Form is completed and signed by the employee's parent or guardian prior to the start date of the Course. The Company may request a Parental Consent Form by emailing welcome@tunnel.engineering.
5. Our Right to Vary These Terms
We reserve the right to update or change these Terms from time to time. Each time you order a Course from us, the version of the Terms in force at the time of your order will apply to the Contract between you and us. We may revise these Terms to reflect changes in relevant laws or regulatory requirements.
If we revise these Terms in a way that affects your order, we will provide reasonable advance notice of the changes and explain how you may cancel the Contract if you do not agree with the changes.
6. Purchasing a Course
6.1. Order Process
Our shopping pages will guide you through the steps required to place an order with us. The order process allows you to check and correct any errors before submitting your order.
6.2. Confirmation Email
After you place an order, you will receive an email acknowledging that we have received your order (the "confirmation email"). This does not mean that your order has been accepted.
6.3. Acceptance Confirmation
We will confirm our acceptance of your order by sending you an order acceptance email. The Contract between us will only be formed when we send this Acceptance Confirmation.
6.4. Unavailable Courses
If we are unable to supply you with a Course (for example, because it is full, no longer available, or due to a pricing error), we will inform you by email. If you have already paid, we will refund the full amount as soon as possible.
6.5. Requirements for Virtual and Accredited Exam Courses
To participate, you must have:
- A working laptop, PC, or Mac
- The latest version of Microsoft Teams
- A working microphone, camera and speakers
- A suitable exam environment
You are responsible for ensuring that your equipment and environment meet these requirements. We are not liable for any failure to access or participate in the Course caused by your equipment, software, or internet connection.
7. Courses
7.1. Payment Terms
All Courses must be paid for as set out in the specific Course specification, using either the online payment facility on Our Site or via BACS transfer. Upon receipt of full payment, you will receive an Acceptance Confirmation.
Joining instructions will be sent approximately 7 calendar days before classroom Courses and 3 calendar days before virtual/remote Courses.
Course materials (digital and/or hard copy) will be provided as applicable (see clause 7.2).
7.2. Course Materials
For Courses held at a physical venue, Hard Copy Resources will be provided on the first day, if applicable. If you wish to receive them earlier, please provide at least 2 weeks' notice. Materials can be posted to the address on your registration form subject to an addition fee to cover the cost of postage.
For virtual/remote Courses, materials will be provided digitally (Digital Resources). If you wish to receive Hard Copy Resources, an additional fee will apply. Requests should be emailed to courses@tunnel.engineering with at least 2 weeks' notice.
You are responsible for ensuring you have the necessary technology and environment to participate in virtual/remote Courses.
7.3. General Course Rules
All Courses are subject to the General Course Rules. Failure to comply may make you ineligible for any certificate.
You may request to transfer your Course to a different date. Transfers requested at least 7 calendar days before the start date are subject to a £50 + VAT rebooking fee. Transfers within 7 calendar days of the start date are subject to a 75% rebooking fee, payable immediately. Fees are non-refundable.
Name changes for delegates are usually free, unless the original delegate has accessed Digital Resources, in which case a 50% + VAT fee of the Course fee applies.
7.4. Refunds and Cancellations
7.4.1. Consumer Customers
Cooling-off rights apply as set out in clause 9. Outside this period, you may cancel provided you give at least 7 calendar days' notice and have not accessed Digital Resources or opened sealed Hard Copy Resources. Refunds will be issued less an administration fee of £50 + VAT.
7.4.2. Business Customers
You must give at least 7 calendar days' notice before the Course start date. Refunds will be issued less an administration fee of £50 + VAT. Otherwise, fees are non-refundable.
7.4.3. Non-Attendance
If you fail to attend the Course, no refund is due. Full Course fees are payable to re-attend.
7.5. Failing a Course and Re-sits
7.5.1. General Rule
If you fail a Course such that you are not entitled to a re-sit, you must re-attend the entire Course and re-sit the exam, subject to payment of 75% + VAT of the original Course fee and any relevant exam re-sit fee. To be eligible for this rebooking discount, you must rebook the Course within 90 days of the original Course attended; failure to do so will result in the standard Course fee applying.
7.5.2. CITB Courses Only
Pass mark thresholds are determined by CITB and are binding.
If you fall within CITB's allowable re-sit range, you may re-sit the exam without charge on the same day. Re-sits on alternative dates must take place within 90 days (30 days for SEATS), subject to availability, and incur an additional £50 + VAT examination fee.
7.6. CITB Rules and Exams
CITB Courses are subject to CITB Rules.
Failure to comply may render you ineligible for the CITB certificate.
8. Technical Specifications and Digital Content
8.1. Digital Licensing
All Digital Resources are licensed, not sold, to you for personal, non-commercial use.
You may not reproduce, distribute, or use for commercial purposes any materials or content, including Digital Resources, from our Courses, whether accessed via Our Site or any third-party platform, unless expressly permitted by the copyright owner or publisher.
8.2. Recording of Sessions
8.2.1. Recording Consent
All sessions conducted as part of our Courses may be recorded for training and quality monitoring. By enrolling, you consent to recordings.
8.2.2. Opt-Out Procedure
To opt out, contact courses@tunnel.engineering during the cooling-off period (see clause 9).
8.2.3. Usage of Recordings
Recordings will be used solely for internal training and quality monitoring, in accordance with GDPR and our Privacy Policy.
9. Cooling-Off Rights – Consumers Only
9.1. Legal Right to Cancel
Subject to clauses 7.3 and 7.4, Consumers have the right to cancel within 14 days of Acceptance Confirmation. During this period, if you change your mind or decide for any reason not to purchase the Course, you may notify us of your decision to cancel the Contract and receive a refund. Advice about your legal right to cancel is available from the Citizens' Advice Bureau or your local Trading Standards office.
9.2. Limitation Due to Digital Content
If you download or access any Digital Resources or start a Course within the 14-day period, you lose the right to cancel. This does not affect your statutory rights.
9.3. Partial Performance
If a Course is fully performed during the 14-day cancellation period, you will lose any right to a refund. If the Course is only partially performed, you will be liable to pay for the part of the Course received, unless you have accessed digital resources as described in clause 7.3.
9.4. How to Cancel
To cancel a Contract, you must notify us of your decision. The easiest ways are:
- By email: courses@tunnel.engineering
- By telephone: 01732 445780
9.6. Refunds After Cancellation
If you cancel your Contract in accordance with this clause:
- We will refund the price you paid for the Course.
- We will make any refunds due as soon as possible, and in any event within 14 Working Days after you inform us of your decision to cancel.
9.7. Method of Refund
We will refund using the same method you used to pay (credit/debit card or BACS transfer).
9.8. Your Statutory Rights
Because you are a consumer, we have a legal duty to supply services that conform to these Terms. Your legal rights in relation to services that are faulty or not as described are not affected by your right of refund under this clause or by any other clause in these Terms. Advice about your legal rights is available from the Citizens' Advice Bureau or your local Trading Standards office.
10. Access to Courses and Delivery of Certificates
Access to Courses will be provided via our online portal, and all Course materials will be provided digitally unless you specifically request paper copies.
Certificates for successful completion of Courses and/or exams will be provided as e-certificates, either sent by email or uploaded to your e-learning portal, after successful completion of the Course and/or once your work or exam has been checked and marked by the Course proctor.
Please note that the delivery of certificates can take up to 28 days from the submission of the Course work or exam. Occasionally, delivery may be affected by events outside our control. See clause 15 for our responsibilities in such circumstances.
11. Prices and Payment
11.1. Payment in Advance
The price for Courses is calculated and payable in advance as set out on the online store page of Our Site. We are under no obligation to provide the Courses until the full price or required deposit has been paid.
11.2. Price Accuracy
The price of Courses will be as quoted on Our Site at the time you submit your order. We take all reasonable care to ensure that the prices are correct at the time the information is entered into our system. However, see clause 11.4 for what happens if we discover an error in the price of the Course(s) you ordered.
11.3. Price Changes
Prices for Courses may change from time to time, but any such changes will not affect orders you have already placed.
11.4. Pricing Errors
Despite reasonable efforts, some Courses on Our Site may be incorrectly priced. If we discover a pricing error for a Course you have ordered, we will:
- Contact you to inform you of the error.
- Give you the option to continue purchasing the Course(s) at the correct price, or to cancel your order.
We will not process your order until we have received your instructions. If we are unable to contact you using the details provided during the order process, we will treat the order as cancelled and notify you in writing.
Please note: If the pricing error is obvious and unmistakable and could reasonably have been recognised by you as a mispricing, we are not obliged to provide the Course(s) at the incorrect price.
11.5. VAT
All prices are exclusive of VAT, unless expressly stated otherwise. VAT will be charged at the prevailing rate at the time of supply. If the VAT rate changes between the date of your order and the date of supply, the amount payable will be adjusted accordingly, unless payment in full has already been received prior to the change.
11.6. Payment Methods
You may pay for Courses using:
12. Intellectual Property
12.1. Ownership of Content
The content of Our Site and all Courses sold via Our Site are protected by copyright, trademarks, database rights, and other intellectual property rights.
12.2. Permitted Use
You may:
- Retrieve and display content on a computer screen.
- Store content in electronic form on disk (but not on any server or network-connected storage device).
- Print one copy of content for your personal, non-commercial use, provided that all copyright and proprietary notices remain intact.
12.3. Restrictions
You may not reproduce, modify, copy, distribute, or use for commercial purposes any materials or content from Our Site or Courses without written permission from us.
13. Our Liability – Consumer Customers
13.1. Scope
This clause only applies if you are a consumer.
If we fail to comply with these Terms, we are responsible for any loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence. We are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by both you and us at the time the Contract was formed.
13.2. Intended Use
We supply Courses for domestic and private use only. You agree not to use the Courses for any commercial, business, or resale purposes. We are not liable for any loss of profit, loss of business, business interruption, or loss of business opportunity arising from your use of the Courses.
13.3. Liability That Cannot Be Excluded
We do not exclude or limit our liability for:
- Death or personal injury caused by our negligence;
- Fraud or fraudulent misrepresentation;
- Breach of the terms implied by sections 12 to 15 of the Consumer Rights Act 2015 (title, description, satisfactory quality, fitness for purpose, and samples); or;
- Defective products under the Consumer Protection Act 1987.
13.4. Suitability of Courses
It is your responsibility to ensure that the Courses meet your requirements. We are happy to provide advice, but we accept no liability if the Course content does not meet your requirements.
13.5. No Guarantee of Outcomes
We give no guarantee that attending or completing the Courses will result in success in any business or activity you may carry on following the Course.
13.6. Access Outside the United Kingdom
We make no promise that materials on Our Site are appropriate or available for use outside the United Kingdom. Accessing Our Site from territories where its contents are illegal or unlawful is prohibited. If you choose to access Our Site from outside the United Kingdom, you do so at your own initiative and are responsible for compliance with local laws.
14. Our Liability – Business Customers
14.1. Scope
This clause only applies if you are a business customer.
We supply Courses for internal use only by your business. You agree not to use the Courses for resale purposes unless a prior brokerage agreement is in place.
14.2. Liability That Cannot Be Excluded
Nothing in these Terms limits or excludes our liability for:
- Death or personal injury caused by our negligence;
- Fraud or fraudulent misrepresentation;
- Breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or
- Defective products under the Consumer Protection Act 1987.
14.3. Liability for Other Losses
Subject to clause 11.2, we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for:
- Loss of profits, sales, business, or revenue;
- Loss or corruption of data, information, or software;
- Loss of business opportunity;
- Loss of anticipated savings;
- Loss of goodwill;
- Any indirect or consequential loss; or
- Loss of salary or remuneration.
14.4. Total Liability Cap
Subject to clause 11.2, our total liability to you for all losses arising under or in connection with the Contract shall not exceed the price of the relevant Course.
14.5. No Other Warranties
Except as expressly stated in these Terms, we do not give any representations, warranties, or undertakings in relation to the Courses. Any representation, condition, or warranty implied by statute, common law, or otherwise is fully excluded permitted by law. We will not be responsible for ensuring that the Courses are suitable for your purposes.
15. Events Outside Our Control
15.1. Scope
We will not be liable or responsible for any failure to perform, or delay in performing, any of our obligations under a Contract if this is caused by an Event Outside Our Control (as defined in clause 2).
15.2. Consequences of an Event Outside Our Control
If an Event Outside Our Control affects the performance of our obligations under a Contract:
- We will contact you as soon as reasonably possible to notify you; and
- Our obligations under the Contract will be suspended, and the time for performance will be extended for the duration of the Event Outside Our Control. Where delivery of a Course is affected, we will arrange a new delivery date with you once the Event Outside Our Control has ended.
15.3. Right to Cancel
You may cancel a Contract affected by an Event Outside Our Control. To cancel, please contact us using the details in clause 1.2.
16. Our Assurance to You
16.1. Right to Supply and Reasonable Care
We warrant that we have the right to supply the Courses and will use all reasonable skill and care in making the Courses available to you and in ensuring their availability.
16.2. Accuracy of Course Content
All Course content has been carefully researched and is believed to represent the most up-to-date and factually accurate information available at the time of the Course.
16.3. Course Updates
We are continually seeking to improve the Courses. We reserve the right, at our discretion, to make changes to any part of the Courses, provided that such changes do not materially reduce their content or functionality.
18. Other Important Terms
18.1. We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms. We will always notify you in writing or by posting on this webpage if this happens.
18.2. You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
18.3. This Contract is between you and us. No other person shall have any rights to enforce any of its Terms.
18.4. Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
18.5. If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
18.6. If you are a consumer, you may contact us as described in clause 1.2.
18.7. If you are a business, you may contact us as described in clause 1.3. Any notice or other communication given by you to us, or by us to you, under or in connection with the Contract shall be in writing and shall be delivered personally, sent by pre-paid first-class post or other next working day delivery service, or email.
18.8. A notice or other communication shall be deemed to have been received: (a) if delivered personally, when left at our registered office; (b) 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 (c) if sent by email, one Business Day after transmission.
18.9. In proving the service of any notice, it will be sufficient to prove: (a) in the case of a letter, that such letter was properly addressed, stamped, and placed in the post; and (b) in the case of an email, that such email was sent to the specified email address of the addressee.
18.10. The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
18.11. If you are a consumer, please note that these Terms are governed by English law. This means a Contract for the purchase of Courses through Our Site and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland, you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.
18.12. If you are a business, a Contract and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
18.13. If you are a business, we both irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with a Contract or its subject matter or formation (including non-contractual disputes or claims).