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Terms and Conditions

Terms and Conditions of Business

1. Introduction

This document sets out the terms and conditions (“Terms“) on which Whizbe (“Trading Name”) and Whizbe.com (“Website”), trading name of Xelium Ltd (“Company”) registered in the United Kingdom (company number 06794625) (“we”, “us”, “our”) provides online courses (“Courses“), supply products and services to you, our customer, whether as an individual (“you”, “your”) or organisation, school, business, or otherwise. By purchasing and accessing our Courses, you agree to be bound by these Terms.

We recommend that you print out and retain a copy of these Terms, together with any other correspondence or documentation you receive from us in connection with these Terms.

With regard to some aspects, you will have different rights under these terms depending on whether you are
(i) a business; or (ii) a consumer.

You are a consumer if:

  • You are an individual.
  • You are buying products from us wholly or mainly for your personal use (i.e. not for use in connection with your trade, business, craft or profession).

If you are a business customer, these terms constitute the entire agreement between us in relation to your purchase.

  • You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty (made or given by, or on behalf of us) which is not set out in these terms, and that you shall have no claim for innocent or negligent misrepresentation, or negligent misstatement based on any statement in our contract with you.

2. Definitions and Interpretations

Where the word and phrases in bold are used in the Agreement, the meanings given here will apply. This Terms also include some general rules that apply in relation to what other terms and phrases in this Agreement mean.

  • Online Courses means courses offered as a Product by us on our website.
  • Services means the online learning services to be provided by us to you as an individual, on behalf of any organisation (school, business, community) or otherwise.
  • Products means online courses, bundled courses, subscriptions and any other products both digital and physical that we offer on our website.
  • Enrolment/Ordering/Booking Form means the electronic or hard copy form completed and submitted by when ordering the courses. It details the course which you have enrolled on and specifying the Charges/Fees payable by you to us.
  • Support Period means the period during which we will provide you with support in relation to the Online Course as advertised. This includes access to the online course materials, support and automatic grading of any assignments.
  • Online Access means access to online learning Services including the Virtual Learning Environment
  • Virtual Learning Environment (VLE) refers to our server where education content for the online courses is hosted online and accessible by you.
  • Materials means our learning and training materials comprising all information, data, video, records, documents and other property whether in electronic format or as hard copies provided by us to you in relation to Online Course.
  • Software means any software provided by us to you as part of the Online Course.
  • Agreement/Contract means the entire agreement between us and you comprising these Terms, the Enrolment Form and any Payment that may be entered into in relation to an Online Course
  • Confirmation means after placing an order, you will receive an e-mail from us acknowledging the receipt of your order. The order constitutes an offer by you to us to buy an Online Course. All orders are subject to acceptance by us. We will confirm such acceptance to you by sending you an e-mail that confirms acceptance
  • Charge/Fee: the price to be paid for the supply of our Online Course , bundles, subcriptions or any other Services and Products as set out at the point of purchase, online booking form, online cart/basket, booking confirmation email and/or Agreement. See Terms in section 9 Payment.
  • Payment means any agreed one-off payment paid by you as Charge/Fee for the Online Course.
  • Payment Plan means any agreed payment plan entered into between you and us, as Charge/Fee for the Online Course.
  • Deposit Payment if any means the deposit payment that has or will be communicated to you prior to your purchase of the Online Course.
  • Default Interest means interest which accrues at a rate of 5% per annum above the base rate of the Bank of England from time to time.
  • Intellectual Property Rights means all patents, rights to inventions, utility models, copyright and related rights, trademarks, service marks, trade, business and domain names, rights in trade dress or get-up, rights in goodwill or to sue for passing off, unfair competition rights, rights in designs, rights in computer software, database right, topography rights, moral rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications for and renewals or extensions of such rights, and all similar or equivalent rights or forms of protection in any part of the world.

3. Our Agreement With You (Terms and Conditions of Business)

3.1 By placing an order through our website, you agree and confirm that

  • You are legally capable of entering into binding contracts;
  • You are at last 18 years old; and
  • You have read and understood the course overview and requirements, any additional fees and exam arrangements.

3.2 These terms and conditions, the schedules herein, any relevant confirmation of order/booking and Contract, apply to the exclusion of any other terms or conditions that you seek to impose or incorporate, or which are implied by law, trade custom, practice or course of dealing.

3.3 These terms and conditions, the schedules herein, any relevant confirmation of order/booking and Contract is the entire agreement between you and us in relation to its subject matter. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty that is not set out in the Contract.

3.4 After placing an order, you will receive an acknowledgment receipt of your order. This does not mean that your order has been accepted. The order receipt constitutes an offer by you to us to buy our products or services. All orders are subject to acceptance by us. We will confirm such acceptance by sending you a Confirmation email. This Agreement between you and us will only be formed when you receive the Confirmation.

3.5 The Agreement between you and us will relate only to the Online Course, bundle, Subscription or any Products and Services for which we have confirmed acceptance in the Confirmation. Our Online Courses may be structured in such a way that allows you to build on course work already completed. We may not provide (or provide access to) Materials for later, more advanced units until the preceding unit have been completed successfully.

3.6 If we are unable to provide you with the Online Course, bundle, Subscription, Products or Services for any reason, we will inform you of this by email and will not process your order. If you have already paid for the service, we will refund you in full.

4. Our Price

4.1 The price in relation to any Online Course will be indicated on the product page, order page and when you placed your order. These prices are in Pounds Sterling and include VAT where applicable.

4.2 If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.

4.3 Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Confirmation

4.4 Our website contains a large number of Online Courses with corresponding prices. It is sometimes possible that, despite our best efforts, some of them may be incorrectly priced. We reserve the right to change these prices without prior notice to you. If the correct Fee is higher than the price stated on our website, we will contact you for instructions before Confirmation.

4.5 We are under no obligation to provide Online Courses to you at the incorrect (lower) price. In these circumstances, you will have the choice either to pay the correct price (which we will confirm to you) or terminate the Agreement in accordance to Terms in Section: Your Right to Cancel.

5. Your Right To Cancel

5.1 Once you have paid for an Online Course, we will email you a link to register on the course website, also known as the Virtual Learning Environment. Once you click on the link to register, we will grant you access to all the course materials and on-demand videos. You can then start your learning.

5.2 Under the UK Consumer Contracts Regulations, you (as a consumer) have the right to cancel a course within 14 days. This right applies regardless of whether the course will be taken online or in person. However, this assumes that you have not accessed the course material on the course website. In other words, you can cancel a course (and get a full refund) within 14 days, provided that you have not accessed the course materials and on-demand videos yet.

5.3 If you have accessed the course material on the website within the 14-day period, then the following rules apply:

  • You are not entitled to a refund if you have accessed the online course in full or downloaded the Materials and digital content.
  • You must pay for the value of the service that was provided to you up to the point you cancel. In other words, if you buy an online course and then change your mind within the 14-day time period, you will be refunded a proportionate sum,
  • You will be charged for any admin or materials costs and the amount of teaching time you used. We will base our refund on the amount of online time spent on the course website and proportion of content accessed (which is logged), as a fraction of the course hours. For example, if you have opened or downloaded all the course Materials and streamed all the on-demand videos, there will be no refund.

5.4 If you start your online course and you find that it doesn’t match the description you were given or the teaching isn’t of satisfactory quality, you can request a refund under the UK Consumer Rights Act. Under the Consumer Rights Act, we have a duty to do the following:

  • Perform the service with reasonable care and skill.
  • Make sure information that’s been given to you about the course – written or spoken – is binding where you’ve relied on it to make your decision.

5.5 If the service you’re provided doesn’t satisfy these criteria, you’re entitled to the following remedies under the Consumer Rights Act:

  • We should either redo the element of the course that’s inadequate, or perform the whole course again at no extra cost to you, within a reasonable time and without causing you significant inconvenience.
  • Or, in circumstances where the repeat performance is impossible, or it can’t be done within a reasonable time or without causing significant inconvenience, you can claim a price reduction.

Depending on how severe the failings are, this could be up to 100% of the cost, and we will refund you within 14 days of agreeing that you’re entitled to a refund.

5.6 All our courses are designed in such a way that there is minimal overlap, and a clear description of course content is provided on the course website and course flyers. However, in the unlikely event that you feel that you have been mis-sold an online course, you can cancel the course in the same way as if you’d changed your mind, and get your money back.

5.7 Where you have purchased a subscription, the subscription will automatically renew on the anniversary of the initial period. You can cancel that subscription at any time via your account. If you cancel a subscription part way through a subscription period, you will retain access to the subscribed content (Online Courses and related Materials) during the remaining part of the subscription period, after which point your access will terminate automatically. After the subscription has ended, you will no longer have access to the Courses. If you later purchase a new subscription, you will may not regain access to any completed or part-completed courses including previous submissions and will need to start them again.

5.8 If you change your mind and wish to cancel your subscription even if you have not accessed the subscription since the start or renewal date:

  • If you are a consumer exercising your right to change your mind and you inform us no later than fourteen days after the start or renewal date you will receive a full refund; or
  • If you are a consumer exercising your right to change your mind and you inform us fourteen days or more after the start or renewal date you will not be refunded as the cooling off period will have elapsed.

5.9 Your Rights to Make Changes – If you wish to make a change to the online course you have ordered, you can do so within 14 days. However, this assumes that you have not access the course material on the course website. We will let you know if there are any changes to the price of the Online Course, the timing of supply if applicable, any administrative or handling fee, or anything else which would be appropriate for you to know as a result of your requested change, and we will aim to promptly ask you to confirm whether or not you wish to go ahead with the change.

5.10 Refunds will be processed using the same method of payment used for purchase.

6. Availability and Delivery

6.1 We aim to fulfil your order upon Confirmation on or before the delivery date set out in the Confirmation or, if no delivery date is specified, then within a reasonable time of the date of the Confirmation, unless there are exceptional circumstances, which will be communicated to you.

6.2 Delivery costs if any will be displayed to you on our website.

6.3 If the product is a one-off purchase of digital content including Online Course, we will make the digital content available for download by you or access to the Online Courses shortly after we have accepted your order.

6.4 If the product is an ongoing service, or a Subscription to access the Online Course or digital content, we will supply the services, Online Course or digital content to you until either

  • the services are completed; or
  • the subscription expires (if applicable); or
  • you end the contract; or
  • we end the contract by written notice to you

6.5 If the supply of the products is delayed by an event outside our control, then we will aim to contact you as soon as possible to let you know, and we will aim to take steps to minimise the effect of the delay. Provided we do this, we will not be liable for delays caused by the event, (but if there is a risk of substantial delay, you may contact us to end the contract, and receive a refund for any products you have paid for but not received).

6.6 We may have to suspend the Online Course to

  • deal with technical problems, or make minor technical changes;
  • update the product; and/or
  • make changes to the product as requested by you, or notified by us to you

6.7 We will aim to contact you in advance to tell you that we will be suspending the Online Course, unless the problem is urgent (or an emergency). If we have to suspend products (for longer than an immaterial period of time) we will adjust the price, so that you do not pay for products while they are suspended. You may contact us to end the contract if we suspend it, or tell you we are going to suspend it, in each case for a period of more than an immaterial period of time, and we will refund any sums you have paid in advance for products in respect of the period after you end the contract.

6.8 We may also suspend your access to the Online course if you do not pay us for the product. If you do not pay us for the products when you are supposed to (see Terms under the section Payment), and you still do not make payment within a reasonable period of us reminding you that payment is due, we may suspend supply of the products until you have paid us the outstanding amounts. We will aim to contact you to tell you we are suspending supply of the products. We will not suspend the products where you dispute the unpaid invoice (see Terms under the section Payment). We will not charge you for the products during the period for which they are suspended.

7. Payment

7.1 In consideration for the provision of the Online Course, bundle or subscription you will pay to us the Charge/Fees as set out in the Confirmation.

7.2 All fees are to be paid under this Agreement will be paid prior to the commencement of the Service.

7.3 The price of the product (which includes VAT) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the product advised to you is correct.

7.4 We will pass on changes in the rate of VAT. If the rate of VAT changes (between your order date and the date we supply the product), we will adjust the rate of VAT that you pay, unless you have already paid for the product in full (before the change in the rate of VAT takes effect).

7.5 What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the products we offer for sale may be incorrectly priced. We will normally check prices before accepting your order so that, where the product’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product’s correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable (and could reasonably have been recognised by you as a mispricing), we may end the contract, refund you any sums that you have paid, and require the return of any goods provided to you.

7.6 When you must pay and how you must pay. We accept payment with most credit and debit cards (as specified upon our websites from time to time). When you must pay depends on what products you are buying:

  • (a) For goods, you must pay for the products before we dispatch them. We will not charge your credit or debit card until we dispatch the products to you.
  • (b) For digital content (including Online Courses), you must pay for the products before we make them available for you to download or access.
  • (c)  For Subscriptions, we will automatically take payment using the details you have provided at the frequency you agreed when you purchased the subscription. We will continue to take payments at this frequency for as long as the subscription continues.
  • (d)  For Services which are not a subscription, you must make an advance payment of the specified proportion of the price of the services, before we start providing them. We will invoice you for the balance of the price of the services when we have completed them, or we will invoice you periodically for the services until the services are completed. You must pay each invoice promptly after the date of the invoice.

7.7 Our right of set-off if you are a business customer. If you are a business customer, you must pay all amounts due to us under these terms in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).

7.8 We can charge interest if you pay late. If you do not make any payment to us by the due date, we may charge interest to you on the overdue amount at the rate and in a manner akin to that specified in the Late Payment of Commercial Debts (Interest) Act 1998 from time to time (and notwithstanding that such legislation may not otherwise apply to such debts). This interest shall accrue on a daily basis from the due date (until the date of actual payment of the overdue amount), whether before or after judgement. You must pay us interest together with any overdue amount.

7.9 What to do if you think an invoice is wrong. If you think an invoice is wrong, please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved, we will charge you interest on correctly invoiced sums from the original due date.

8. Our Products

8.1 Any images of our products including online courses on our websites are for illustrative purposes only. Although we have made every effort to display their appearance accurately, we cannot guarantee that an electronic device’s display of their appearance accurately reflects the appearance of any products. Your product may vary slightly in appearance from those images.

8.2 Product packaging may vary. Any packaging of the product may vary from that shown in images on our websites.

8.3 Making sure your requirements are accurate. If we are producing any product to your requirements (which you have provided to us), you are responsible for ensuring that such requirements are correct and appropriate.

8.4 When you purchase an online course, you will have access to this for 1 year (365 days) from the date of Confirmation. Access to the online course will cease even if you have not accessed it at all, at the end of the year unless you renew your subscription or buy it again.

8.5 Maximum number of courses in a subscription (as an individual).  If you purchase a subscription, please note that you can start multiple courses up to a maximum of 20 active courses at any time. You are only allowed up to two concurrent logins. If you try to login from a third device/browser, the oldest session will terminate and you may lose all unsaved work. Sharing login details or course content with third parties is strictly prohibited.

8.6 Maximum number of courses in a subscription (as a business or organisation).  You purchase a subscription according to the number of users from your business or organisation that it is intended for. Each users you can start multiple courses up to a maximum of 20 active courses at any time. Each user is allowed up to two concurrent logins. If the user try to login from a third device/browser, the oldest, the oldest session will terminate and the user may lose all unsaved work. Users are prohibited from sharing their login details or course content with third parties.

8.7 Subscription and bundled discounts. Subscription and bundled offer cannot be used in conjunction with any other offer.

8.8 Minor changes to the products. We may change any product:

  • (a) to reflect changes in relevant laws and regulatory requirements (from time-to-time); and
  • (b) to implement minor technical adjustments and improvements; for example to address a security threat. These changes should not affect your use of any product.

8.9 More significant changes to the products and these terms. In addition (as we informed you in the description of the product on our websites), we may make more significant changes to the product and these terms, but if we do so, we will aim to promptly notify you, and you may then contact us to end the contract before the changes take effect.

8.10 Updates to digital content. We may update, or require you to update digital content, provided that the digital content shall always match the description of it (that we provided to you before you bought it).

9 Compliance with Laws

9.1 Any physical materials subject to delivery outside the UK may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for ensuring that all such import duties and taxes are paid promptly. Please note that we have no control over these charges and cannot predict their amount.

9.2 You agree that you will comply with all applicable laws and regulations of the country or jurisdiction in which you will use your Online Learning Package. We will not be liable for any breach of any such laws.

10. Refund and Cancellation Policy

10.1 If you cancel this Agreement within the fourteen day cooling-off, (see Term 5. Your Right to Cancel), the following will apply:

  • You are not entitled to a refund if you have accessed the online course or downloaded the digital content.
  • If you have not access the course or downloaded the digital content, we will process the refund due to you as soon as possible, within thirty (30) days of the day you have given notice of cancellation.
  • You will no longer be able to access any online course or digital content and associated materials

10.2 If you cancel this Agreement after the expiry of the fourteen day cooling off period and you have paid for the course in advance:

  • You will not be entitled to any refund
  • From the date we receive your cancellation notice, we will be entitled to remove your access to any online course or digital content and associated materials.
  • From the date we receive your cancellation notice, you will no longer be entitled to access any online courses, download or stream digital content and associated materials

10.3 When we make a refund to you, we will do so using the same method originally used by you to pay for the purchase.

11 Your Obligations

It is your responsibility to ensure that:

  • the terms and conditions of your order or booking including the information you provide to us are complete and accurate;
  • you cooperate with us in all matters relating to the online course;
  • keep and maintain any materials downloaded and subsequently printed or transferred to your own devices with care
  • you do not share or make available any materials downloaded and subsequently printed to any website or anyone else not taking the course.
  • you delete and destroy any materials downloaded and subsequently printed that are no longer required
  • you do not offer to share, sell, license or transfer the materials (whether in whole or in part in any manner or form or in or on any media)
  • you keep us updated with your current contact details so that you can receive communications relating to your course, and where appropriate.
  • you have access to the email address used in your registration or booking to enable you to access the online course should you need to reset your password

If our performance of our obligations under this Agreement is prevented or delayed by any act or omission on your part, we will not be liable for any costs, charges or losses sustained or incurred by you arising directly or indirectly from such prevention or delay.

12. Intellectual Property Rights

12.1  Please note that all Intellectual Property Rights in or arising out of or in connection with our products and all other rights in the Materials will be owned by us.

12.2  We agree to grant you a non-exclusive, non-transferable right to use and copy the Materials for your non-commercial private use and study for the period of the Agreement. If this Agreement terminates, this licence will automatically terminate.

12.3 You may not sub-license, assign or otherwise transfer the rights granted in 13.2

12.4 You agree to grant us a fully paid-up, non-exclusive, royalty-free, non-transferable license to copy and modify any materials provided by you to us.

12.5 All Intellectual Property Rights in all our Online Course and associated Materials belong to and shall remain our property. Neither you, nor any other person shall obtain any Intellectual Property Rights in any of our or our licensor Course Materials.

12.6 You shall ensure that our or licensor Course Materials with which are supplied by us are only made available to and accessed by you and you must not make available, copy, disseminate, sub-license, distribute, sell, publish, broadcast or otherwise supply in any medium any such materials to any third party. Unauthorised distribution, reproduction, or commercial use of Course content will result in immediate termination of access without refund and may result in legal action.

12.7 Where Online access is granted by us, you agree that the licence granted to you to access the content on the VLE shall be personal to you and you should take all reasonable precautions to ensure that your login details are kept secure and not provided to any other party.

12.8 Upon termination or in circumstances where payment has not been received by us in respect of the Course in full, we may suspend or terminate your Online Access.

12.9 You acknowledge that we own the Trade Marks and that you may not use any of them without prior written permission. You understand that other products, company names and logos mentioned or displayed in the Materials, website or our other content, may be the Trade Marks, service marks or trading names of third parties.

12.10 You shall indemnify us against all liability, loss, damage, costs, and expenses.

13 Limitation of Liability

13.1 This clause 13 sets our total liability to you arising under or in connection with this Contract.

13.2 Nothing in the Agreement limits any liability which cannot legally be limited, including liability for:

  • death or personal injury caused by negligence;
  • fraud or fraudulent misrepresentation; and
  • breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession).

13.3 Subject to clause 14.2, we will not be liable to you, whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising under or in connection with the Agreement for:

  • loss of profits;
  • loss of sales or business;
  • loss of agreements or contracts;
  • loss of anticipated savings;
  • loss of use or corruption of software, data or information;
  • loss of or damage to goodwill; and
  • any indirect, special or consequential loss.

13.4 Subject to clause 14.2, our total liability to you arising under or in connection with the Agreement, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, will be limited to 100% of the total Charges/Fees paid under the Agreement.

13.5 Sections 3, 4 and 5 of the Supply of Goods and Services Act 1982 are, to the fullest extent permitted by law, excluded from the Contract.

13.6 Unless you notify us that you intend to make a claim in respect of an event within the notice period, we shall have no liability for that event. The notice period for an event shall start on the day on which you became aware, or ought reasonably to have become aware, of having grounds to make a claim in respect of the event and shall expire three months from that date. The notice must be in writing and must identify the event and the grounds for the claim in reasonable detail.

13.7 This clause 13 will survive termination of the Contract.

14 Confidentiality

14.1  You will keep in strict confidence all Materials and any other confidential information concerning our business or products or services which you may obtain.

14.2 Each party undertakes that they will not at any time disclose to any person any confidential information concerning one another’s business, affairs, customers, clients or suppliers, except as permitted by clause 15.3

14.3 Each party may disclose the other’s confidential information:

  • (a) to such of their respective employees, officers, representatives, subcontractors or advisers who need to know such information for the purposes of exercising our respective rights or carrying out our respective obligations under the Contract. We will each ensure that such employees, officers, representatives, subcontractors or advisers comply with this clause 13
  • (b) as may be required by law, court order or any governmental or regulatory authority.

14.4  You will not use any confidential information obtained from us for any purpose other than for your personal use, including private study and external examinations.

15 Termination & Consequences of Termination

15.1 Without limiting any of our other rights, we may suspend the performance of the Services, or terminate the Contract with immediate effect by giving written notice to you if:

  • you commit a material breach of any term of the Agreement and (if such a breach is remediable) fail to remedy that breach within 14 days of you being notified in writing to do so;
  • you fail to pay any amount due under the Agreement on the due date for payment;
  • you take any step or action in connection with you entering administration, provisional liquidation or any composition or arrangement with your creditors (other than in relation to a solvent restructuring), applying to court for or obtaining a moratorium under Part A1 of the Insolvency Act 1986, being wound up (whether voluntarily or by order of the court, unless for the purpose of a solvent restructuring), having a receiver appointed to any of your assets or ceasing to carry on business.
  • you suspend, threaten to suspend, cease or threaten to cease to carry on all or a substantial part of your business; or
  • your financial position deteriorates to such an extent that in our opinion your capability to adequately fulfil
  • your obligations under the Contract has been placed in jeopardy.

15.2 On termination of the Contract you must return all of our Materials and any deliverables specified in your order/booking which have not been fully paid for. Until they have been returned, you will be solely responsible for their safe keeping and must not use them for any purpose unconnected with the Contract.

15.1 Termination of the Contract will not affect your or our rights and remedies that have accrued as at the date of termination.

15.2 Any provision of the Contract that expressly, or by implication, is intended to come into or continue in force on or after termination will remain in full force and effect.

16 Events Outside of Our Control

16.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Agreement that is caused by an Event Outside Our Control.

16.2 If an Event Outside Our Control takes place that affects the performance of our obligations under the Agreement:

  • we will contact you as soon as it is reasonably possible to notify you; and
  • our obligations under the Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. We will arrange a new date for performance of the Services with you after the Event Outside Our Control is over.

16.3 You may cancel the Contract affected by an Event Outside Our Control which has continued for more than 60 days. To cancel please contact us. If you opt to cancel, we will refund the price you have paid, less the Charges/Fees reasonably and actually incurred by us in performing the Services up to the date of the occurrence of the Event Outside Our Control.

17 Communications Between Us

17.1 When we refer to “in writing” in this Contract, this includes email.

17.2 Any notice or other communication given under or in connection with the Agreement must be in writing and be delivered personally, sent by pre-paid first-class post or other next working day delivery service, or sent by email.

17.3 A notice or other communication is deemed to have been received:

  • if delivered personally: on signature of a delivery receipt
  • if sent by pre-paid first-class post or other next working day delivery service: at 9.00 am on the second working day after posting; or
  • if sent by email: at 9.00 am the next working day after transmission.

17.4 In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such email was sent to the specified email address of the addressee.

17.5 The provisions of this clause will not apply to the service of any proceedings or other documents in any legal action.

18 Code of Conduct

18.1 You shall comply with all reasonable instructions or directions given by us in respect of the Courses, Materials, and our premises and property. You shall not do anything which adversely affects our rights and interests, including but not limited to:

  • copying, reproducing, modifying, redistributing or in any way commercially exploiting the Courses, Materials, website, VLE or other content (other than as allowed under this Agreement);
  • damaging, interfering with or disrupting access to our website or electronic services or doing anything which may interrupt or impair their functionality;
  • making available, uploading, or distributing by any means any Material or files that contain any viruses, bugs, corrupt data or any other harmful software;
  • falsifying the true ownership of the Courses, Materials, website, VLE and other content;
  • obtaining or attempting to obtain unauthorised access, through whatever means, to the Courses, website, VLE our Services, computer systems, or network, or those belonging to any of our partner organisations; and
  • setting up links from any website controlled by you to our website or our Services or other content, without our express written permission.