Expert Witness Testimony and Legal Services
Please note that we stand by our training and if you use your training in good faith, we provide Expert Witness Testimony and legal services to support you.note our terms of business.
We can also assist departments with administrative and training standards, developing SOPs (Standard Operating Procedures), SOGs, best practices, etc. as part of our services. VIP Clients get this service at a free or significantly discounted rate.
PAYMENT UP FRONT EXPECTED
Our standard practise is payment BEFORE The course. We have operated for many years and that stability is well appreciated by our clients. That comes with certain business practices. Like most businesses we have had our fair share of non payers and delinquent accounts. It is easiest and expected to pay up front. We can arrange for "terms " but we cannot support that approach going in. All courses are expected to be paid for up front and have been discounted under that assumption, unless NET 15 or NET 30 terms have been agreed to prior.
Please do not assume that you will attend training and receive certificates and materials without paying for the course.
Late payment with be invoiced for interest and assessments. (We have a VIP Client program for those departments and organisations who pay on time / up front and are interested in a little extra service in return. We send on additional materials as well as provide additional services. Please enquire with the office when booking.)
Terms of Business
Advanced Rescue by DIMERSAR
Please Read our Terms and Conditions Carefully
1. Changes to these Terms and Conditions
We reserve the right to change these Terms and Conditions at any time. Any changes are effective immediately upon posting to the Website. Your continued use of the Website and our services constitutes your agreement to such Terms and Conditions.
2. Your Status
In order to book a training course you must be at least 18 years old and you must be legally capable of entering into binding contracts. We accept email bookings as well as online booking, whether payment has been made or not. The effective date of the booking is the date of the email requesting attendance in clear language. (An "enquiry" about a course is NOT a booking to attend. The language must be clear.)
3. Availability of Training Courses
Any booking placed through this Website and our service agreement document/s is subject to there being availability of the training or trainer for this training. We reserve the right to decline to supply any individual or company, or to refuse any booking for a training course.
4. Payment
Payment can be made by either Credit Card, PayPal, Electronic Fund Transfer, Bank Draft or Cheque. Cash payments are acceptable on a prearranged basis but not preferred.
4.1 Credit Terms and Conditions
Please pay promptly. Our professional organization and services run well on the prompt payment of fees for services.
Please do not assume that you can pay after our services unless prearranged
Please note that Certificates are not awarded or sent until after payment is received
Individual Bookings
Full payment is due two weeks before the start of a course. Only full payment secures a place on the course.
Organization Bookings
For new clients an invoice will be sent out at the time of booking and payment should be made 14 days prior to the start of the course to confirm the course and receive materials and Certificates on time.
Attendance on a course cannot be guaranteed if full payment has not been received prior to the start of the course. Late bookings, for courses starting in less than a week, maybe accepted if the company pays by credit card, electronic transfer or by cheque.
Paying with terms / Net 30 Days
Advanced rescue by DIMERSAR does accept 30-day terms from some clients based on a credit ability and request. It is better to pay up front. Please do not assume this is our ‘normal’ default. When 30 days terms are agreed and invoice is paid after the completion of the course WITHIN 30 DAYS. Please note that a 2% interest and $25 assessment fee is levied the day after late and will continue to be levied until paid.
Late Accounts
Regrettably, if late, accounts may be referred to a collections process including an external agency and certification and services withdrawn or revoked if payment is not made or not made in a timely fashion. Interest and assessment fees are also levied.
Course Cancellation
No refund will be made to delegates who fail to attend classes or who do not complete the course. Cancellation must be made ten working days before the course commences with no penalty, otherwise fees will be charged and no refund will be due. We can provide Course Substitutions.
Course Transfers/Substitutions
Companies and individuals may substitute participants at any time prior to 5 days the start of the course without additional payment. After 5 days the substitution may still occur but we request understanding for re-printing of certificates and any materials as required.
Certification / Certificates
Upon successful completion of the certificate course, and full payment received, we will issue colour certificates as a record of successful completion of the required knowledge and skills.
Certificates will be awarded to:
The individual, OR
The Organisational representative (e.g. Training Officer) OR
The Organisation's 'Chief'
Once we have issued the certificate it is up to the recipient to ensure they are handled securely.
Re-Prints / Re-issue Certificates
Occasionally, past participants misplace their certificates or cards and request a re-issue or re-print certificate.
Please note that we can check records and search but we need the exact name as issued. And looking for the certification and reprinting them is only usually done for in date certificates. (i.e., if the certification is expired then we do not usually re-issue.)
Cost
If you have misplaced your issued certificates, and are 'in-date' then replacements may be issued at a re-issue cost of $49 per. If you are out of certification, then the certification record would likely be archived. Therefore a $28 'search fee' applies "per discipline." That is whether we locate or can re-print the certificate or not. Over the years we have had a lot of requests from candidates saying they were trained many years ago and want a copy of the original certificate. Please understand that IF we can do it, it will take time and expense which we must pass on.
Disclaimer
We reserve the right to cancel or re-schedule any course at any time. In the unlikely event of cancellation, fees will be refunded. We also reserves the right to re-schedule the start dates of all courses and, if necessary, to vary the content. Except where expressly stated, all fees are non-refundable. While every effort has been made to ensure the accuracy of the information on the website, it may be subject to later alteration or amendment in the light of policy changes, course updates or other constraints.
5. Cancellation and Refund Policy
You will have the right to cancel the booking of a training course IN WRITING, up to 10 working days before the commencement of that course. In that event you will be entitled to a full refund. We will accept engagement to attend a course by email, from an organisation or an individual, in lieu of a sign contract. The e-mail date requesting the course shall be the date of the confirmation. Online booking will also be from the date booked , whether payment has been made yet.
Cancellation within 5 to 10 working days we will allow your payment as a credit to other courses within one year of payment. Cancellation within 3 to 5 working days we will allow 50% your payment as a credit to other courses within one year of payment. Cancellation 3 business days, we require payment in full but may allow a credit to other courses within one year of payment. This is important because arrangements, commitments and others will depend on a course running at this point.
No-shows, are subject to payment for the full amount without future training credit. Registrant substitutions may be made at any time up to 48 hours without issue (although Certificates may need to be sent out). Please note that if you do not cancel or do not attend, you are responsible for payment. At any time up to 48 hours in advance of a course, you can substitute the name of the attendee for another name, without charge. Within 48 hours there will be a $100 administration fee.
We reserve the right to cancel or postpone any training course. This rarely happens but has occurred in the case of force majeure, Major incidents and disasters, etc. We shall not be required to provide any reason for such a cancellation. In that event you will be entitled to a full refund.
The Company shall not be in breach of this contract if the provision of services are delayed or cancelled or reduced through any circumstances beyond its reasonable control, including acts of god (including but not limited to fire, flood, earthquake, storm, snow, hurricane, or other natural disasters) war, invasion, Civil unrest, Government action, labour disputes, strikes, lock-out or interruption or failure of power supply.
6. Liability and Disclaimer
To the extent permitted by law, we provide the Website without any warranties or guarantees. In particular, we do not warrant that the Website or any of its contents are virus free. You must take your own precautions in this respect, as we accept no responsibility for any infection by virus or other contamination or by anything, which has destructive properties. Although we do our best to provide constant, uninterrupted access to the website, we do not guarantee this. We accept no responsibility or liability for any interruption or delay. The website provides content from other sources and while we try to ensure that material included on the website and other documents is correct, we cannot accept responsibility if this is not the case.
This disclaimer does not affect your organisation’s statutory rights. To the full extent allowed by law, you agree that Advanced Rescue by DIMERSAR will not be liable to you for any consequential or incidental damages (including but not limited to loss of revenue, loss of profits, loss of anticipated savings, wasted expenditure, loss of privacy and loss of data) or any other indirect, special or punitive damages whatsoever that arise out of or relating to the website. If we are found to be liable to you our liability shall not exceed the membership fees. Nothing in these terms and conditions shall exclude Advanced Rescue by DIMERSAR’s liablity for personal injury or death caused by negligence.
7. Use of Material on the Website
For the purposes of this agreement, “material” includes, without limitation, text, video, graphics and sound material, published on the Website. You may download and print extracts from the material and make copies of these for your own personal and non-commercial use only. You are not allowed to download or print the material, or extracts from it, in a systematic or regular manner or otherwise so as to create a database in electronic or paper form comprising all or part of the material appearing on the Website. You must not reproduce any part of the Website or the material or transmit it to or store it in any other website or disseminate any part of the material in any other form, unless we have indicated that you may do so.
Exceptions:
The exception to this are clearly marked documents and material that is put there for the purposes of sharing and download such as awareness level rescue training checklists or calendar course training dates. There are links below on thie website that have free documents for access and download..
8. Third Party Advertising on the Website
You may see advertising material submitted by third parties on the Website. Individual advertisers are solely responsible for the content of advertising material, which they submit to us, including ensuring that it complies with relevant legislation. We accept no responsibility for the content of advertising material, including, without limitation, any error, omission or inaccuracy.
9. Bribery & Corruption
It is our policy to conduct business in an honest and ethical manner, and we take a zero-tolerance approach to bribery and corruption. We are committed to acting professionally, fairly and with integrity in all our business dealings and relationships. Wherever we operate we will implement and enforce effective systems to counter bribery and corrupt behaviour.
10. Identification
It may be required to verify individuals and requesting proof of identity (such as confirming the individual attending the course and taking the testing) to confirm who is the one being certified, per se. This due diligence should be considered a regular part of checking and is not meant to offend or cause concern. The usual form of identification is driving license or especially passport, for international students / participants.
11. Testing and Standards
We teach to several established standards and as a professional organization it should be stated that any behavior such as participant screening, test monitoring and invigilation, etc is not meant to offend but simply maintain those professional standards that everyone enjoys when they see a certificate or document from Advanced Rescue by DIMERSAR and know the process was fairly but legitimately earned.
Learning difficulties and testing challenges can be reasonably accommodated. Please advise before if you will need assistance. Perhaps, for example, If you have dyslexia or eyesight / reading issues, test questions can be read to you. We will try to accommodate reasonable requests for people with diagnosed adult learning difficulties.
12. Governing Law
The Terms and Conditions shall for all purposes be governed by and interpreted in accordance with the laws of Canada. You and Advanced Rescue by DIMERSAR agree to submit to the exclusive jurisdiction of the Courts of Canada. The place and performance of this agreement shall be Canada.
13. Media on courses
We may from time to time record media, film, audio and take pictures etc. of events, training, equipment and so on including Group Pictures. It is assumed that this is acceptable. On rare occasion, due to the nation of some clients work, they wish to be excluded from such photos etc they should at least conscientiously state that to the Chief Instructors. In writing is preferred. They they can be excluded from the group photos etc.
14. Data Protection
All information received by us from your use of this Website will be in accordance with the Website’s privacy policy which can be viewed on the website. We respect the value of personal information provided by you and will only otherwise transfer this information to the software host for the Website in order to facilitate your booking.
15.Rules and Exclusions
Safety and professionalism is paramount. We will have many expected rules such as wearing PPE in the ‘hot zone’ and during training. This should be respected as it’s for everyone's safety and enjoyment. The wearing of helmets, eye protection, gloves, knee pads, solid closed toed footwear such as boots may be needed on some courses. Etc. Some other noteworthy ‘rules’
Candidates need to be fit & capable adults (over 18) & often with first aid & CPR.
Technician Courses have a prerequisite and "in date" level I Technician Certificate.
"RE-certifying?" Certificate should have an "in date," (not expired) certificate.
Smoking, vaping and drinking (alcoholic beverages) is NOT permitted on course
This use of Marijuana in any form (smoking, eating, etc) on courses is strictly prohibited.
Any Impairment by drugs (or alcohol) is absolutely NOT permitted on course.
Courses are run in English but we can run them in several other languages if requested.
All course attendees are expected to complete hard or softcopy WAIVERS to participate.
Group Waivers are not acceptable. Waivers may have to be witnessed by an adult.
16. Environmental / Green Policy
Advanced Rescue by DIMERSAR respects the need for a conservation, minimal degrading footprint and avoid waste, loss and damage as well as observing environmental impact on the planet when possible. We have a comprehensive environmental policy to minimize the impact on the area and also to reduce negative effects of training activities on land / property. A comprehensive explanation can be found at this link HERE. In summary you may see on training administration that we may use ‘soft copy’ or website forms and links instead of printing materials. Or we will insist on edge protection on trees to not only protect the ropes and webbing but also preserve the nature we training in. This should be understood and accepted.
If you have any questions or queries regarding the above terms and conditions please contact us providing you name, address and telephone number and details of the training module which you have booked addressing your correspondence to Advanced Rescue by DIMERSAR, our connected Companies / organisations and personnel.
ENGAGEMENT NOTES
Advanced Rescue by DIMERSAR is a professional provider of safe and high-quality training for the Emergency Service, Military, Search and Rescue, Government and Crown Agencies, Construction, Private Industry, Educational facilities (Universities, Colleges and Schools) and NGOs etc. The course Joining Instructions and pre-course information will be sent out between agreement and delivery of training.
COURT DEFENSIBLE METHODS
Our methods, as the Contractor, are well established as very safe and court defensible. We employ back up systems and ‘redundancy’ methods during training and also convey those safe and useful practices to candidates during the course. These are well known and court defensible if used as taught during the course.
FREE EXPERT WITNESS TESTIMONY
We, “The Contractor” are so sure of our methods that we shall provide free and discounted legal services. For VIP Clients we provide at least $2000 worth of free legal consultation if you are charged or challenged and are required to go to court. This covers the department if the organisation booked and paid for the course (as a VIP Client). This amounts to the initial cost to ‘read’ the case, structure arguments and response in litigation and first appearance in course. If the case is extended and complicated requiring subsequent or repeated attendance as an establish ‘Expert Witness’ we shall do so at referred Client rates.
MEDICAL SERVICES
Medical kit and equipment are available on every course along with staff / instructors trained in their use.
ESTABLISHED BEST PRACTICE
The equipment, methods and techniques used and taught during our professional courses are done using established best practiced from years and years of experience are commensurate with established best practiced and using the latest and best.
INDUSTRY STANDARDS
Our courses are compliant to Industry Standards where stated or required. So an NFPA (National Fire Protection Association) compliant course will be taught to specific industry standards for the Fire and Rescue profession. Even when not specifically needed, and the course is tailored, we can adapt the training to still use those standards where applicable ensuring the best standards and latest compliance.
SPECIFIC KNOWLEDGE & SKILLS
We, the Contractor, know certain special knowledge and skills and will pass these on to the candidates with the objective that those will in turn be used on as needed,
AUTHORITY HAVING JURISDICTION (AHJ)
As the AHJ (Authority Having Jurisdiction), your Organisation may have established Standard Operating Procedures (SOPs) for the specific NFPA / Fire and Emergency Service, the Province, Training and Operations SOGs / SOPs, etc. and where these are specifically communicated we, “The Contractor”, will not only expect that but work with those standards in delivering the program.
SAFE AND THOROUGH APPROACH
We, The Contractor, are extremely safe and thorough and are well known for being so. On our Technical Rescue practical courses for example, our Maximum Instructor to Student Ratio is 1 to 6. Often less (even in a class of 4 we usually have two instructors or designated safety persons with Instructors bringing the class to a 1:2 Instructor: Student ratio.
Daily and continuous environment, location, weather and area assessments. If conditions change or degrade significantly, we may adapt to increase safety or comfort. Main instructor always able to ‘monitor’ all training and is not ‘on rope’ or ‘in water’ etc. without being able to maintain said ‘monitoring.’ Daily and Dynamic Risk Assessments are completed as well as standardized record keeping of such administration such as TAP forms. Daily utilization of RIT (Rapid Intervention Teams) adopted. Waivers are completed by all attendees and will not ignre safety rules (such as not wearing PPE or turning up under the influence of alcohol or drugs etc). Insurance and WSIB forms are available. Chief Instructors share the duty of care of all attendees and the safety and professional delivery of the course, with organisations that book them and require adhesion to safety and professional principles of best practice.