Terms & Conditions
GENERAL TERMS & CONDITIONS - APPLICABLE TO ALL CUSTOMERS
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In this Agreement unless otherwise stated:
(i) "Distance Learning Package" shall mean the course(s) identified and all related Materials, support and tuition where applicable;
(ii) "Materials" shall mean the learning materials and books for the Distance Learning Package or any part of them (and shall include any replacement training materials and books in the event that you transfer Distance Learning Package in accordance with Clause 5);
(iii) Your “Support Period” depends on which course you choose to study and will be between one and three years unless otherwise stated in your course materials.
(iv) singular words shall include the plural and vice versa; and
(v) headings are included for convenience only and shall not affect the construction or interpretation of this Agreement.
(i) We agree to sell and you agree to buy the Distance Learning Package for the Total Cost/Cash Price and on the terms set out on this page and in the agreement we send you.
(ii) Under no circumstances shall we be deemed to have received payment until payment has actually been received by us in full and cleared.
(iii) All course material remains the property of the UK Learning College until the final payment has been received by us and cleared.
3. Care of the Materials
(i) We will reserve all the Materials in your name and store them at the UK Learning College Centre.
(ii) We will release the Materials to you in compact learning units as you progress through the Distance Learning Package to enable you to work systematically through the core material.
(iii) You will inspect each set of materials promptly following delivery. You will tell us about any omission as soon as it is reasonably possible.
(i) During the Support Period, we will provide you with support and tuition as set out in [the promotional Materials & website].
(ii) If requested, we may at our sole discretion, extend the Support Period for an agreed fee.
(iii) If you are sitting an external examination at the end of your Distance Learning Package, we will provide you with such information as we have in our possession to assist you in making such examination arrangements. In all other respects, you will be solely responsible for making arrangements to enable you to sit the examination and for any and all fees in relation thereto.
(iv) If we, at our sole discretion, assist you in making your examination arrangements by providing you with information about the time and location of local examinations or reserving an examination place for you, you acknowledge that we shall not be responsible for any losses incurred by you as a result of inaccurate information provided in connection with any such arrangement except such losses, excluding business losses, caused by failure to act with reasonable care and skill.
5. UK Learning College Course Transfer Facility
(i) If you wish to transfer to a different course, we may at our sole discretion agree to such transfer.
(ii) Unless you are paying under a Credit Agreement, if we agree that you may transfer to a different course, we will transfer the fees paid for the Distance Learning Package you wish to discontinue towards the amount payable for the new course PROVIDED THAT we receive payment from you for the balance of fees due in respect of the new course (if more expensive than the discontinued Distance Learning Package) and an agreed transfer fee will be payable to cover our tuition and/or administrative costs.
6. Warranties and Limitation of Liability
(i) We warrant that the Materials will be of satisfactory quality but do not warrant that the Materials will be error free.
(ii) We warrant that we will perform any services provided hereunder with reasonable skill and care.
(iii) We intend to rely on the written terms set out here and on the other side of this document. If you require any changes, please ensure you ask for these to be put in writing. In that way, we can avoid any problems surrounding what we, and you, are expected to do.
(iv) Other than in respect of liability for death or personal injury arising from our negligence, we shall not be liable for: (a) losses that were not foreseeable to both parties when this Agreement was made; (b) losses that were not caused by any breach on our part; or (c) business losses and/or losses to non-consumers.
(v) Our liability for direct losses arising out of our negligence (other than in respect of liability for death or personal injury), breach of contract or any other cause of action arising out of or in connection with this Agreement shall be limited to the total price paid for the Distance Learning Package as quoted overleaf.
(vi) Other than in respect of liability for death or personal injury arising from our negligence, we shall not be liable for any indirect or consequential loss or damage whatsoever (including without limitation any loss of profits, loss of revenue, loss of opportunity or your liabilities to third parties) which you may suffer arising out of or in connection with this Agreement.
7. Other Terms
(i) No relaxation or indulgence which we may extend to you shall affect our rights under this Agreement.
(ii) If any part of this Agreement is held to be unenforceable the remaining terms and conditions shall continue in force.
(iii) All liabilities or obligations arising under this Agreement shall be enforceable against you after termination of this agreement.
(iv) You will notify us immediately in writing of any change in your address and other contact details. Any notices required to be served under this Agreement, or in accordance with the Act will be deemed properly served if sent by way of prepaid first class post to your last known address.
(v) This Agreement shall be governed and construed in accordance with the laws of [England] and you hereby agree to submit to the non-exclusive jurisdiction of the [English Courts].
(i) Your statutory right under the consumer protection (Distance Selling) Regulations 2000, allows you seven working days from the day after receipt of materials in which to make a written request for cancellation. Unless the parties have agreed otherwise, you will not have the right to cancel by giving notice of cancellation for the supply of computer software if they are unsealed by you or for the supply of online courseware which has been delivered or accessed by you. Courses sent by post will incur £20 cancellation charges.
9. Instalment Payments
(i) You will pay the Deposit shown online when you enrol and the outstanding balance of the total cash price by the instalments and on the dates specified in our welcome letter.
(ii) It is a fundamental term of the agreement that all payments should be made promptly and on time, you will be deemed to be in default if your payments are more than 30 days overdue.
(iii) If you fail to comply with any terms of this Agreement, we shall be entitled to recover from you the reasonable costs and losses incurred by us as a result of locating you, communicating with you and collecting any unpaid sums. Such sums are payable on demand. In the event of legal action for breach of payment, you will be responsible for all costs allowable by the court if an award is made in our favour.
(iv) Failure to return your instalment agreement within 30 days will invalidate this agreement and you will forfeit your initial deposit payment.
10. Discretionary waiver
(i) If, at any time during the course of the Agreement, you notify us that you no longer wish to pursue the Distance Learning Package we may, in our absolute discretion, agree to waive our rights to the sums payable under Clause 12 upon payment by you of all sums due under Clause 12 and an administration fee of £75.00, upon condition that you waive all rights to delivery of any and all Materials which we have not yet released to you in accordance with Clause 3(ii) and you assign to us all title and interest in such Materials.
(ii) If you wish to be considered for a discretionary waiver, you should contact us by letter or telephone.
(i) If: (a) you fail to pay any amount due under this Agreement; (b) you breach any of the other terms and conditions, express or implied, of the Agreement; or (c) any information provided by you in the making of this Agreement proves to be incomplete or inaccurate, we shall be entitled, after the expiry of a Default Notice served on you, to terminate this Agreement.
(ii) If this Agreement is terminated you will pay us the unpaid balance of the Balance Payable, less any applicable rebate, plus all expenses, charges and costs in accordance with Clause 10.
(i) UK Learning College shall not be obliged to replace free of charge any Materials pursuant to Clause 6(vi) if any monthly instalments or other sums are due and unpaid under this Agreement as at the date of the claim.
IMPORTANT: USE OF YOUR INFORMATION
This privacy statement applies to any personal data you may give UK Learning College. We collect any personal data you may give us when you begin your course. We will also collect contact details from prospective students. We maintain data on your transactions with us as well as your use of our services. We would like to use your personal data to provide you with further information about our products and services, please indicate if you do not want to be contacted by mail, email or telephone.
Access to your Personal Information
The Data Protection Act 1998 gives you the right to access the information that we hold about you. Please note that any demand for access may be subject to payment of a fee of £10 which covers our costs in providing you with the information requested. Should you wish to receive details that we hold about you please contact us using the contact details on this agreement.
We will not pass on your details to any third party. To receive a copy of the full privacy statement or to access or modify your information or change your preferences, please contact us.
END OF AGREEMENT