Terms and Conditions
1 | Definitions
1.1 | The definitions in this paragraph apply in the Terms and conditions set out in this document.
“Consumer” means you are an individual acting outside the course of your business.
“Course” means any course, unit or units of learning you purchase from us.
“Course Fees” means the amount payable by you for the Service.
“Course materials” means all material provided by us and/or the Training Provider to you following your Enrolment, which shall include but is not limited to: online learning material (including log-in passwords); and online mentoring and tutoring.
“Course Rules” include any rules, regulations, standards, policies, codes, charters and guidelines prescribed and/or endorsed by the Training Provider in force from time to time.
“Enrolment” means your enrolment in a Course.
“Enrolment Date” means the date on which we confirm your Enrolment or such other date as determined by us.
“Online Learning System” means an internet based system hosted by the Training Provider for delivery and management of the Course. The system may include, but is not limited to, online learning material, online mentoring and tutoring and online assessments, The Learning People Skillport and The Learning People website.
“Order Acknowledgement” means our written acknowledgement of your offer to purchase the Service from us.
“Periodic Payment Agreement” means your written authority for us to take periodic payments from your bank account or credit card for the purpose of paying the Course Fees.
“The Learning People” means The Learning People Ltd (Company No. 7180242), a company incorporated in England and Wales whose registered address is The Learning People Ltd, The Agora, Second floor, Ellen Street, Brighton & Hove, BN3 3LN, United Kingdom.
“The Learning People Skillport” means the website located at http://learningpeople.skillport.com
“The Learning People website” means the website located at www.learningpeople.co.uk.
“Service” means the provision of the Course by us and/or the Training Provider to you. “Skillsoft” means the organisation responsible for the delivery and development of the Course and Materials.
“Student” means a single user to the Online Learning System by a unique username and protected by a user-defined password.
“Terms” means the Terms and Conditions set out in this document.
“Training Provider” means the training organisation or entity that is responsible for the development, delivery, maintenance and management of the Course and Course materials.
1.2 | References to “we”, “us” and “our” are references to The Learning People.
1.3 | A reference to a paragraph is to a paragraph of these Terms.
2 | Basis of sale
2.1 | These Terms, the Order Acknowledgement, and the Periodic Payment Agreement (if applicable) are considered by us to set out the whole agreement between you and us for the supply of the Service.
Please check that the details in these Terms and your order are complete and accurate before you commit yourself to the contract. If you think that there is a mistake, please make sure that you ask us to confirm any changes in writing, as we only accept responsibility for statements and representations made in writing by our authorised employees and agents.
Please ensure that you read and understand these Terms before you make your order, because you will be bound by the Terms once a contract comes into existence between you and us, in accordance with paragraph 2.5.
2.2 | Any samples, drawings, descriptions or advertising we issue, and any descriptions or illustrations contained in our catalogues or brochures, or on the The Learning People website, are issued or published solely to provide you with an approximate idea of the Course and/or Service they describe. They do not form part of the contract between you and us or any other contract between you and us for the provision of the Service.
2.3 | If any of these Terms are inconsistent with any term of the Order Acknowledgement, the Order Acknowledgement shall prevail.
2.4 | The Order Acknowledgement is our acceptance of your offer to purchase the Service from us. We are free to accept or decline your offer at our absolute discretion.
2.5 | These Terms shall become binding on you and us when:
2.5.1 | we issue you with the Order Acknowledgement.
2.5.2 | we notify you of your Enrolment, whichever is the earlier, at which point a contract shall come into existence between you and us.
2.6 | Any quotation for a Course is given on the basis that a binding contract shall only come into existence in accordance with clause 2.5. A quotation shall be valid for a period of 14 calendar days from its date of issue, unless we notify you in writing that we have withdrawn it during this period.
2.7 | We have the right to revise and amend these Terms from time to time. You will be subject to the privacy statement and the Terms in force at the time that you order the Service from us, unless any change to those policies or these Terms is required by law or government or regulatory authority – in which case, it will apply to orders you have previously placed that we have not yet fulfilled.
2.8 | The Student confirms that he/she is solely responsible for ensuring the he/she possesses the necessary skills and experience required to enrol on a specific Course and that he/she will comply with the Course Rules.
3 | Enrolment
3.1 | Your Enrolment Date is the date your Online Learning System login details are issued to you.
3.2 | Your Enrolment will be limited to the period specified for your course or training package, commencing from the Enrolment Date.
3.3 | Extensions to your Enrolment may be considered where a request is made in writing at least 14 days prior to the date on which your Enrolment is due to end. The Learning People reserves the right to refuse an enrolment extension, or limit the extension to specific parts of your Course.
3.4 | You confirm that you understand any pre-requisite skills or experience applicable to your proposed Course and Examination. You acknowledge and agree that your Enrolment and continued participation in a Course is subject to you complying and continuing to comply with the Course Rules that apply to that Course.
4 | Consumer rights
4.1 | By logging in to the Online Learning System you acknowledge receipt of the Service from us.
4.2 | Provided that you are a Consumer, you may cancel your Enrolment or Periodic Payment Agreement at any time within 14 days of the date you made your first payment to us. The 14 day “cooling off” period begins on the day after we receive your first payment. With the exception of when our records show a student has downloaded material or completed over three hours of the course.
4.3 | To cancel your Enrolment, you must inform us in writing:
Fax: +44 1273 467602
Post: The Learning People Ltd, The Agora, Second floor, Ellen Street, Brighton & Hove, BN3 3LN, United Kingdom
4.4 | If you cancel your course as provided for paragraphs 1.1 and 4.3, you will receive a full refund of the Course Fees paid for the Course. We shall make refunds within 30 days of receipt of your written notification.
4.5 | For the avoidance of doubt, if you have logged on to the Online Learning System and downloaded material or completed over three hours of training, as indicated by our records, you will not be able to cancel your course and to the maximum extent permitted by law, we have no liability to provide you with a refund of the Course Fees paid (in whole or in part).
4.6 | The provisions of this paragraph 4 do not affect your statutory rights. Advice about your legal rights is available from your local Citizens’ Advice Bureau or trading standards office.
5 | Delivery of course materials
5.1 | We will use our reasonable endeavours to provide login details for the Online Learning System to you within five (5) business days from the Enrolment Date. We will do this by emailing the login to the email address you provided to us. On receipt of the login, you will be able to access the online Course materials.
6 | Course materials
6.1 | All Course materials are provided by the Training Provider, and whilst we make reasonable efforts to ensure the accuracy of Course materials at Enrolment Date, we do not represent, warrant or guarantee that Course materials will be error free.
6.2 | You expressly acknowledge and agree that due to the rapidly evolving nature of information technology, Course materials may become out-dated and/or incorrect at any time.
6.3 | For the avoidance of doubt, we will not refund Course Fees on the basis that Course materials are not error free, accurate and/or up to date.
6.4 | In circumstances where you discover an error or inaccuracy in the content contained in the Course materials and/or the Online Learning System and notify us of this, we shall notify the Training Provider of the same and request that it rectifies the error or inaccuracy within 45 business days of notification.
6.5 | We will use our reasonable endeavours to ensure that whilst you are enrolled on a Course that Course materials will be available to you via the Online Learning System on an uninterrupted basis save for (i) unavailability due to our or the Training Provider’s scheduled maintenance of the Online Learning System; (ii) additional downtime measured on a monthly basis not exceeding 3% of all other time during that month; or (iii) an event outside our control (see paragraph 15).
6.6 | We shall have no responsibility or liability to you for your inability to access the Online Learning System due to issues beyond our control such as the speed of your modem (or other connection devices used), your use of third party security software or firewall/proxy servers, or the performance levels of your internet service provider.
6.7 | If you do experience problems with the Online Learning System or access to Course materials, please contact The Learning People Customer Service by phone on +44 1273 907 900, or by email to firstname.lastname@example.org. We will attempt to resolve such problems within a reasonable time. You agree to provide us with such diagnostic information as we may reasonably require in order that we may resolve the problem.
7 | Course fees and enrolment
7.1 | The Course Fees will be as set out in the quotation we provided to you, or, if we have not provided a quotation or the quotation has expired, in our price list in force at the time of our Order Acknowledgement. Prices are liable to change at any time, but price changes will not affect your orders that we have confirmed in writing.
7.2 | The Course Fees include VAT. However, if the rate of VAT changes between the date of the Order Acknowledgement and the Enrolment Date, we will adjust the VAT you pay, unless you have already paid for the Course in full before the change in the rate of VAT takes effect.
7.3 | It is always possible that, despite our efforts, a Course may be incorrectly priced. We will normally check prices as part of our order process so that, where the correct Course fee is less than its stated price, we will charge the lower amount when enrolling you on the Course. If the pricing error is obvious and could have reasonably been recognised by you as a mispricing, we do not have to provide the Course to you at the incorrect (lower) price.
7.4 | Payment for all Courses must be made in advance by Credit or Debit Card or in accordance with the Periodic Payment Agreement or by Direct Debit. We accept payment with Visa, Visa Debit, MasterCard, Maestro, and American Express. We also accept payment by Bank Transfer and Cheque.
7.5 | If you wish to make payment to us by Direct Debit, you may only do so by agreeing to enter into a direct debit mandate with your bank that provides for payment to us in instalments and with full payment of the Course Fees being made in less than 12 months (such period starting from the date of the direct debit mandate).
7.6 | Without limiting any other remedies or rights that we may have, if you do not pay us on time, we may:
7.6.1 | cancel or suspend your access to The Learning People Skillport and/or the Course materials until you have paid the outstanding amounts; or
7.6.2 | cancel the Periodic Payment Agreement or your direct debit mandate and require you to pay any balance outstanding in full.
7.7 | Paragraphs 1.1 and 7.6 shall not apply for the period of the dispute if you dispute the payment owing in good faith and let us know promptly after you have received an invoice that you dispute it.
7.8 | Subject to any exception outlined in paragraph 8, Course Fees cover all Course materials.
8 | Course fees and course material extensions
8.1 | Course materials and Course Fees do not include certification fees, examination fees, personal stationery, special materials and texts and any other study related material you may elect to purchase.
8.2 | We advise you that the mode of assessment varies between Courses and between Training Providers and may include online assessments and/or submission of written assessments (or any combination thereof). The Learning People and our Training Providers reserve the right to change the mode of assessment applicable to a Course at any time, including after your Enrolment. We will however, where practical, give you reasonable notice of any change to the mode of assessment.
8.3 | You are entirely responsible for any costs and expenses related to accessing and/or running the Course Material on any computer system. We strongly recommend that before enrolling on any Course you confirm the compatibility of your computer system with published computer specification for Course materials for that Course.
9 | Transferring the course to someone else
9.1 | If you purchase the Course as a Consumer, your Enrolment in a Course is personal to you and you may not transfer the Course to any other person.
9.2 | However, if you have purchased a Course on behalf of your company, and have provided that company’s details to us, we may, at our discretion, transfer your Enrolment(s) to other people within your company only. Please contact us if you wish us to consider such a transfer.
10 | Exchanging your course for another
10.1 | We at our sole and absolute discretion may allow you to apply your Course fee as a credit against any other certification course offered by the same Training Provider provided that all of the following conditions are satisfied:
10.1.1 | you notify us within seven (7) business days from Enrolment Date of your desire to transfer to an alternative Course;
10.1.2 | the fee for the alternative Course is equal to or less than the original Course fee (or you agree to pay us the difference where the fee for the alternative Course is higher than the original Course fee);
10.1.3 | you consent to us disabling your login details to preclude continued access to any online Course materials in respect of the original Course;
10.1.4 | you agree and warrant that you have not made any copies of the Course materials or reproduced them in any way; and
10.1.5 | you agree and warrant that you have destroyed any Course materials which you downloaded on to your computer system.
11 | “Money back” certification guarantee
11.1 | Subject to paragraph 11.2, we offer a “Money back” certification guarantee on any Course you enrol in. Under the terms of this guarantee, if you purchase a Course from us and you fail an examination relating to that Course, and then fail the same examination a second time within 60 days of sitting the first examination, we will refund that part of the Course Fees pertaining to those Course materials required for that examination.
11.2 | In order to make a claim on the guarantee in paragraph in 11.1, you must have:
11.2.1 | taken your first exam within the original agreed student license period (12 months from the initial Registration date, unless otherwise agreed at the time of Registration); and
11.2.2 | accessed and completed all study modules and test-preps associated with that exam; and
11.2.3 | achieved a minimum score of at least 80% in all associated exam preparation modules and test-preps; and
11.2.4 | must sit the first exam within 30 days of successfully completing the relevant test-prep and, the second exam within 60 days of the first exam; and
11.2.5 | have accessed The Learning People Skillport Learning Centre training within the two week period prior to taking the exam; and
11.2.6 | must provide us with an original copy of the examination transcript within five (5) business days of each failed examination
11.3 | Any refund we make to you relates only to that part of the Course Fees pertaining to those Course materials relevant to the failed examination, and does not cover the cost of the examination itself or other Course Fees. We do not refund interest charges or any applicable handling fees
12 | Copyright and intellectual property
12.1 | All Course materials are protected by copyright and are intended only for your individual learning purposes.
12.2 | You must not publish, copy, sell, broadcast, transmit, or otherwise reproduce or distribute any of the Course materials other than as permitted by law. You may, however:
12.2.1 | retrieve and display the Course materials and content from the Online Learning System on your computer screen;
12.2.2 | print one copy of the Course materials (but not photocopy them); and
12.2.3 | store the Course materials in electronic form (but not on any server or other storage device connected to a network).
12.3 | The Course materials provided to you may contain licence agreements from parties other than us. Your Enrolment is subject to your compliance with any applicable licence agreements.
12.4 | You will be responsible for making good any loss we suffer if you use or copy the Course materials other than in accordance with these Terms.
13 | No warranty or guarantee as to career advancement and remuneration
13.1 | We do not warrant or guarantee that your Enrolment in, or completion of, any Course will result in, or improve the likelihood of, you securing any kind of employment or other benefit.
13.2 | If you are already employed or engaged as an employee or consultant, we do not, warrant or guarantee that your Enrolment or completion of any Course will result in, or improve the likelihood of, you receiving an increase of remuneration or any other benefit.
13.3 | You are solely responsible for ensuring that the purchase of and your Enrolment in any Course is appropriate to your specific needs and objectives.
14 | Limitation of liability
14.1 | If you are a Consumer:
14.1.1 | subject to paragraph 14.1.2, if either of us fails to comply with these Terms, neither of us shall be responsible for any losses that the other suffers as a result, except for those losses which are a foreseeable consequence of the failure to comply with these Terms; and
14.1.2 | neither of us shall be responsible for losses that result from our failure to comply with these Terms including, but not limited to, losses relating to loss of income or revenue, loss of business; loss of anticipated savings; loss of data; or any waste of time. However, this paragraph shall not prevent claims for foreseeable loss of, or damage to, your physical property.
14.2 | If you are not a Consumer:
14.2.1 | paragraph 14.1.2 shall apply; and
14.2.2 | our total liability arising under or in connection with the contract between you and us, whether arising in contract, tort (including negligence) or restitution, or for breach of statutory duty or misrepresentation, or otherwise, shall be limited to a sum equal to the Course Fees you have paid.
14.3 | This paragraph 14 does not exclude or limit in any way our liability for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation, or any other matter for which it would be illegal or unlawful for us to exclude or attempt to exclude our liability.
15 | Events outside our control
15.1 | We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by events outside our reasonable control which includes any act, event, non-occurrence, omission or accident beyond our reasonable control and includes, in particular (without limitation), the following: strikes, lock-outs or other industrial action, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or impossibility of the use of public or private telecommunications networks.
15.2 | Our obligations under these Terms are suspended for the period that the event outside our control continues, and we will have an extension of time to perform these obligations for the duration of that period. We will take reasonable steps to bring the event to a close or to find a solution by which our obligations under these Terms can be performed despite the event.
16 | Notices
All notices sent by you to us must be sent to us at the address indicated in paragraph 4.3.
We may give notice to you at either your email address or postal address that you provide to us in when you make your order.
Notice will be deemed received and properly served 24 hours after email is sent or three (3) days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that the letter was properly addressed, stamped and placed in the post and, in the case of an email, that the email was sent to the specified email address of the addressee together with a “read receipt”.
17 | Waiver
No waiver by either party of any provision of these Conditions shall be binding unless expressly confirmed in writing.
18 | Severability
If any part of these Terms is held invalid, illegal or unenforceable, that part shall be severed and the remainder will continue to be valid and enforceable.
19 | Third party rights
A person who is not a party to these Conditions has no right under the Contract (Rights of Third Parties) Act 1999 to enforce any terms of this Agreement.
20 | Governing law
English law governs these Terms and you irrevocably submit to the non-exclusive jurisdiction of the courts of England and Wales.
21 | Reservation of rights
We reserve any rights not expressly granted to you herein.
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