Terms and Conditions
V I Resourcing (trading as Connect)
Terms and Conditions for the provision of goods, services, digital content and courses
These are the terms and conditions of supply for any products, services or digital content (“Products and Services”) purchased through this website (our “Website”). Please read them carefully because they form a legal agreement between you and us in relation to your purchase of Products and Services via our Website.
Who we are
This Website is owned and operated by V I Resourcing Limited trading as Connect (‘we’/’us’/’our’), a limited company (registered in England and Wales under company number: 08257319 having our registered office at Alvaston Lodge, Alvaston Business Park, Middlewich Road, Nantwich, Cheshire, CW5 6PF. Our VAT Number is 203870625.
Our telephone number is (+44) 01270 449 165.
Our email address is [email protected]
What these Terms are about
These terms and conditions and those referred to in clause 1.5 constitute our “Terms” which apply to any purchases of Products and Services via our Website, by telephone or by post. By placing an order through our Website, by telephone or post you agree to these Terms. If you do not agree to them you should not place any order.
The most current version of these Terms is dated below but we may change them from time to time without giving you notice, so you must read these Terms every time you place an order. The Terms published on our Website at the time you place your order will apply to your order unless we notify you of a change to these Terms before we have accepted your order or we are obliged to make a change to these Terms, for example, as a result of changes to the law.
1. THESE TERMS
1.1 What these terms cover. These Terms apply when we supply the Products and Services.
1.2 Why you should read them. Please read these Terms carefully before you submit your order to us. These Terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these Terms, please contact us to discuss.
1.3 Are you a business customer or a consumer? In some areas you will have different rights under these Terms depending on whether you are a business or consumer. You are a consumer if:
• You are an individual.
• You are buying products from us wholly or mainly for your personal use (not for use in connection with your trade, business, craft or profession).
1.4 If you are a business customer this is our entire agreement with you. 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 this agreement.
1.5 The following additional terms will apply depending on the products or services you have ordered. If you have ordered:
(a) C-Live then the additional terms in Appendix A shall apply;
(b) Classroom and Online Course then the additional terms in Appendix B shall apply, and
(c) School Workshops then the additional terms in Appendix c shall apply
If the there is any conflict between these Terms and the additional terms, set out above, then such additional terms shall prevail.
2. HOW TO CONTACT US
2.1 How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
2.2 “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
3. OUR CONTRACT WITH YOU
3.1 How we will accept your order. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.
3.2 If we cannot accept your order. If we are unable to accept your order, we will inform you of this and will refund you for the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.
3.3 Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
3.4 We only sell to the mainland UK online. Our Website is solely for the promotion of our products in the UK. If you are based outside of the mainland UK please contact us so that we can provide you with the appropriate costs.
4. OUR PRODUCTS
4.1 Products may vary slightly from their pictures. The images of the products on our Website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device’s display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images.
4.2 Product packaging may vary. The packaging of the product may vary from that shown in images on our Website.
4.3 Making sure your measurements are accurate. If we are making the product to measurements you have given us you are responsible for ensuring that these measurements are correct.
5. YOUR RIGHTS TO MAKE CHANGES
If you wish to make a change to the product you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.
6. OUR RIGHTS TO MAKE CHANGES
6.1 Minor changes to the products. We may change the product:
(a) To reflect changes in relevant laws and regulatory requirements; and
(b) to implement minor technical adjustments and improvements, for example to address a security threat. These changes will not affect your use of the product.
6.2 More significant changes to the products and these terms. In addition, as we informed you in the description of the product on our Website, we may make the following changes to these Terms or the product, but if we do so we will notify you and you may then contact us to end the contract before the changes take effect and receive a refund for any products paid for but not received.
6.3 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.
7. PROVIDING THE PRODUCTS
7.1 Delivery costs. The costs of delivery will be as displayed to you on our Website.
7.2 If the products are goods. If the products are goods we will contact you to agree a delivery date, which will be within 30 days after the day on which we accept your order.
7.3 If the products are one-off services. We will begin the services on the date agreed with you during the order process. The estimated completion date for the services is as told to you during the order process.
7.4 If the product is a one-off purchase of digital content. We will make the digital content available for download by you as soon as we accept your order.
7.5 If the products are ongoing services or a subscription to receive goods or digital content. We will supply the services, goods or digital content to you until either the services are completed or the subscription expires (if applicable) or you end the contract as described in clause 8 or we end the contract by written notice to you as described in clause 10.
7.6 We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will 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.
7.7 Collection by you. If you have asked to collect the products from our premises, you can collect them from us at any time during our working hours of 9am and 5pm on weekdays (excluding public holidays) .
7.8 If you do not allow us access to provide services where necessary. If you do not allow us access to your property to perform the services as arranged (and you do not have a good reason for this) we may charge you additional costs incurred by us as a result. If, despite our reasonable efforts, we are unable to contact you or re-arrange access to your property we may end the contract and clause 10.2 will apply.
7.9 When you become responsible for the goods. A product which is goods will be your responsibility from the time we deliver the product to the address you gave us or you collect it from us.
7.10 When you own goods. You own a product which is goods once we have received payment in full.
7.11 What will happen if you do not give required information to us. We may need certain information from you so that we can supply the products to you, for example, delivery address. If so, this will have been stated in the description of the products on our Website. We will contact you to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and clause 10.2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
7.12 Reasons we may suspend the supply of products to you. We may have to suspend the supply of a product to:
(a) deal with technical problems or make minor technical changes;
(b) update the product to reflect changes in relevant laws and regulatory requirements; or
(c) make changes to the product as requested by you or notified by us to you (see clause 6).
7.13 Your rights if we suspend the supply of products. We will contact you in advance to tell you we will be suspending supply of the product, unless the problem is urgent or an emergency. If we have to suspend the product for longer than 5 days in any 30 days 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 for a product if we suspend it, or tell you we are going to suspend it, in each case for a period of more than 30 days and we will refund any sums you have paid in advance for the product in respect of the period after you end the contract.
7.14 We may also suspend supply of the products if you do not pay. If you do not pay us for the products when you are supposed to (see clause 14.4) and you still do not make payment within 7 days 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 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 clause 14.7). We will not charge you for the products during the period for which they are suspended. As well as suspending the products we can also charge you interest on your overdue payments (see clause 14.6).
8. YOUR RIGHTS TO END THE CONTRACT
8.1 You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing, when you decide to end the contract and whether you are a consumer or business customer:
(a) If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product repaired or replaced or a service re-performed or to get some or all of your money back), see clause 12 if you are a consumer and clause 13 if you are a business;
(b) If you want to end the contract because of something we have done or have told you we are going to do, see clause 8.2;
(c) If you are a consumer and have just changed your mind about the product, see clause 8.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any goods;
(d) In all other cases (if we are not at fault and you are not a consumer exercising your right to change your mind), see clause 8.6.
8.2 Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (e) below the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:
(a) we have told you about an upcoming change to the product or these terms which you do not agree to (see clause 6.2);
(b) we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
(c) there is a risk that supply of the products may be significantly delayed because of events outside our control;
(d) we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 10 days; or
(e) you have a legal right to end the contract because of something we have done wrong.
8.3 Exercising your right to change your mind if you are a consumer (Consumer Contracts Regulations 2013). If you are a consumer then for most products bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these Terms.
8.4 When consumers do not have a right to change their minds. Your right as a consumer to change your mind does not apply in respect of:
(a) digital products after you have started to download or stream these;
(b) services, once these have been completed, even if the cancellation period is still running;
(c) products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them;
(d) sealed audio or sealed video recordings or sealed computer software, once these products are unsealed after you receive them;
(e) products which are bespoke and tailor made to your requirements; and
(f) any products which become mixed inseparably with other items after their delivery.
8.5 How long do consumers have to change their minds? If you are a consumer how long you have to change your mind depends on what you have ordered and how it is delivered.
(a) Have you bought services (for example, home tutoring)? If so, you have 14 days after the day we email you to confirm we accept your order. However, once we have completed the services you cannot change your mind, even if the period is still running. If you cancel after we have started the services, you must pay us for the services provided up until the time you tell us that you have changed your mind.
(b) Have you bought digital content for download or streaming (for example, virtual training)? If so, you have 14 days after the day we email you to confirm we accept your order, or, if earlier, until you start downloading or streaming. If we delivered the digital content to you immediately, and you agreed to this when ordering, you will not have a right to change your mind.
(c) Have you bought goods (for example, our online products)?,If so you have 14 days after the day you (or someone you nominate) receives the goods, unless:
(i) Your goods are split into several deliveries over different days. In this case you have until 14 days after the day you (or someone you nominate) receives the last delivery.
(ii) Your goods are for regular delivery over a set period. In this case you have until 14 days after the day you (or someone you nominate) receives the first delivery of the goods.
8.6 Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you are not a consumer who has a right to change their mind (see clause 8.1), you can still end the contract before it is completed, but you may have to pay us compensation. A contract for goods or digital content is completed when the product is delivered, downloaded or streamed and paid for. A contract for services is completed when we have finished providing the services and you have paid for them. If you want to end a contract before it is completed where we are not at fault and you are not a consumer who has changed their mind, just contact us to let us know. The contract will end immediately and we will refund any sums paid by you for products not provided but we may deduct from that refund (or, if you have not made an advance payment, charge you) reasonable compensation for the net costs we will incur as a result of your ending the contract.
9. HOW TO END THE CONTRACT WITH US (INCLUDING IF YOU ARE A CONSUMER WHO HAS CHANGED THEIR MIND)
9.1 Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:
(a) Phone or email. Call customer services on 01270 449 165 or email us at [email protected] Please provide your name, home address, details of the order and, where available, your phone number and email address.
(b) By post. Print off the cancellation form and post it to us at the address on the form. Or simply write to us at that address, including details of what you bought, when you ordered or received it and your name and address.
9.2 Returning products after ending the contract. If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us. You must either return the goods in person to where you bought them, post them back to us at Connect, Alvaston Lodge, Alvaston Business Park, Nantwich CW5 6PF or (if they are not suitable for posting) allow us to collect them from you. Please call customer services on 01270 449 165 or email us at [email protected] for a return label or to arrange collection. If you are a consumer exercising your right to change your mind you must send off the goods within 14 days of telling us you wish to end the contract.
9.3 When we will pay the costs of return. We will pay the costs of return:
(a) if the products are faulty or misdescribed; or
(b) if you are ending the contract because we have told you of an upcoming change to the product or these Terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong.
In all other circumstances (including where you are a consumer exercising your right to change your mind) you must pay the costs of return.
9.4 What we charge for collection. If you are responsible for the costs of return and we are collecting the product from you, we will charge you the direct cost to us of collection.
9.5 How we will refund you. If you are entitled to a refund under these Terms we will refund you the price you paid for the products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.
9.6 When we may make deduction from refunds if you are a consumer exercising your right to change your mind. If you are exercising your right to change your mind:
(a) We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
(b) The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a product within 3-5 days at one cost but you choose to have the product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
(c) Where the product is a service, we may deduct from any refund an amount for the supply of the service for the period for which it was supplied, ending with the time when you told us you had changed your mind. The amount will be in proportion to what has been supplied, in comparison with the full coverage of the contract.
9.7 When your refund will be made. We will make any refunds due to you as soon as possible. If you are a consumer exercising your right to change your mind then:
(a) If the products are goods and we have not offered to collect them, your refund will be made within 14 days from the day on which we receive the product back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us. For information about how to return a product to us, see clause 9.2.
(b) In all other cases, your refund will be made within 14 days of your telling us you have changed your mind
10. OUR RIGHTS TO END THE CONTRACT
10.1 We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:
(a) you do not make any payment to us when it is due and you still do not make payment within 7 days of us reminding you that payment is due;
(b) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products, for example, delivery address;
(c) you do not, within a reasonable time, allow us to deliver the products to you or collect them from us; or
(d) you do not, within a reasonable time, allow us access to your premises to supply the services.
10.2 You must compensate us if you break the contract. If we end the contract in the situations set out in clause 10.1 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
11. IF THERE IS A PROBLEM WITH THE PRODUCT
How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can telephone our customer service team at01270449165 or write to us at [email protected] or Connect, Alvaston Lodge, Alvaston Business Park, Nantwich, CW5 6PF.
12. YOUR RIGHTS IN RESPECT OF DEFECTIVE PRODUCTS IF YOU ARE A CONSUMER
12.1 If you are a consumer we are under a legal duty to supply products that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the products. Nothing in these Terms will affect your legal rights.
Summary of your key legal rights
This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice Website www.adviceguide.org.uk or call 03454 04 05 06.
If your product is goods, for example our physical products listed online, the Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following:
· up to 30 days: if your goods are faulty, then you can get an immediate refund.
· up to six months: if your goods can’t be repaired or replaced, then you’re entitled to a full refund, in most cases.
· up to six years: if your goods do not last a reasonable length of time you may be entitled to some money back.
See also clause 8.3.
If your product is digital content, for example virtual training, the Consumer Rights Act 2015 says digital content must be as described, fit for purpose and of satisfactory quality:
· if your digital content is faulty, you’re entitled to a repair or a replacement.
· if the fault can’t be fixed, or if it hasn’t been fixed within a reasonable time and without significant inconvenience, you can get some or all of your money back.
· if you can show the fault has damaged your device and we haven’t used reasonable care and skill, you may be entitled to a repair or compensation.
See also clause 8.3.
If your product is services, for example home tutoring, the Consumer Rights Act 2015 says:
· you can ask us to repeat or fix a service if it’s not carried out with reasonable care and skill, or get some money back if we can’t fix it.
· if you haven’t agreed a price beforehand, what you’re asked to pay must be reasonable.
· if you haven’t agreed a time beforehand, it must be carried out within a reasonable time.
12.2 Your obligation to return rejected products. If you wish to exercise your legal rights to reject products you must either return them in person to where you bought them, post them back to us or (if they are not suitable for posting) allow us to collect them from you. We will pay the costs of postage or collection. Please call customer services on 01270 449 165 or email us at [email protected] for a return label or to arrange collection.
13. YOUR RIGHTS IN RESPECT OF DEFECTIVE PRODUCTS IF YOU ARE A BUSINESS
13.1 If you are a business customer we warrant that on delivery any products which are goods shall:
(a) conform in all material respects with their description and any relevant specification; and
(b) be free from material defects in design, material and workmanship.
13.2 Subject to clause 13.3, if:
(a) you give us notice in writing within a reasonable time of discovery that a product does not comply with the warranty set out in clause 13.1;
(b) we are given a reasonable opportunity of examining such product; and
(c) you return such product to us at our cost,
we shall, at our option, repair or replace the defective product, or refund the price of the defective product in full.
13.3 We will not be liable for a product’s failure to comply with the warranty in clause 13.1 if:
(a) you make any further use of such product after giving a notice in accordance with clause 13.2(a);
(b) the defect arises because you failed to follow our oral or written instructions as to the storage, installation, commissioning, use or maintenance of the product or (if there are none) good trade practice;
(c) the defect arises as a result of us following any drawing, design or specification supplied by you;
(d) you alter or repair the product without our written consent; or
(e) the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal working conditions.
13.4 Except as provided in this clause 13, we shall have no liability to you in respect of a product’s failure to comply with the warranty set out in clause 13.1.
13.5 These Terms shall apply to any repaired or replacement products supplied by us under clause 13.2.
14. PRICE AND PAYMENT
14.1 Where to find the price for the product. The price of the product (which includes VAT) will be the price indicated on the order pages when you placed your order. We use our best efforts to ensure that the price of the product advised to you is correct. However please see clause 14.3 for what happens if we discover an error in the price of the product you order.
14.2 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.
14.3 What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the products we sell 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 you have paid and require the return of any goods provided to you.
14.4 When you must pay and how you must pay. We accept payment with [debit/credit card or PayPal]. When you must pay depends on what product you are buying:
(a) For goods, you must pay for the products before we dispatch them.
(b) For digital content, you must pay for the products before you download them.
(c) For services, we will invoice you in advance for the services.
14.5 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).
14.6 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 of 8% a year above the base lending rate of Lloyds Bank Plc from time to time. 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 judgment. You must pay us interest together with any overdue amount.
14.7 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.
15. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU IF YOU ARE A CONSUMER
15.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
15.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products as summarised at clause 12.1; and for defective products under the Consumer Protection Act 1987.
15.3 When we are liable for damage to your property. If we are providing services in your property, we will make good any damage to your property caused by us while doing so. However, we are not responsible for the cost of repairing any pre-existing faults or damage to your property that we discover while providing the services.
15.4 When we are liable for damage caused by defective digital content. If defective digital content which we have supplied damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill we will either repair the damage or pay you compensation. However, we will not be liable for damage which you could have avoided by following our advice to apply an update offered to you free of charge or for damage which was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
15.5 We are not liable for business losses. If you are a consumer we only supply the products to you for domestic and private use. If you use the products for any commercial, business or re-sale purpose our liability to you will be limited as set out in clause 16.
16. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU IF YOU ARE A BUSINESS
16.1 Nothing in these terms shall limit or exclude our liability for:
(a) death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);
(b) fraud or fraudulent misrepresentation;
(c) breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982; or
(d) defective products under the Consumer Protection Act 1987; or
(e) any matter in respect of which it would be unlawful for us to exclude or restrict liability.
16.2 Except to the extent expressly stated in clause 13.1 all terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982 are excluded.
16.3 Subject to clause 16.1:
(a) we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us; and
(b) our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the greater of £100 [ONE HUNDRED] and 1 [ONE] per cent of the total sums paid by you for products under such contract.
17. HOW WE MAY USE YOUR PERSONAL INFORMATION
17.1 How we will use your personal information. We will use the personal information you provide to us:
(a) to supply the products to you;
(b) to process your payment for the products; and
(c) if you agreed to this during the order process, to give you information about similar products that we provide, but you may stop receiving this at any time by contacting us.
17.2 We will only give your personal information to third parties where the law either requires or allows us to do so.
18. OTHER IMPORTANT TERMS
18.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these Terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
18.2 You need our consent to transfer your rights to someone else (except that you can always transfer our guarantee). You may only transfer your rights or your obligations under these Terms to another person if we agree to this in writing. However, if you are a consumer you may transfer our guarantee at clause 13.1 to a person who has acquired the product or, where the product is services, any item or property in respect of which we have provided the services. We may require the person to whom the guarantee is transferred to provide reasonable evidence that they are now the owner of the relevant item or property, for example by invoice.
18.3 Nobody else has any rights under this contract (except someone you pass your guarantee on to). This contract is between you and us. No other person shall have any rights to enforce any of its terms, except as explained in clause 18.2 in respect of our guarantee. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these Terms.
18.4 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
18.5 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
18.6 Which laws apply to this contract and where you may bring legal proceedings if you are a consumer. These Terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.
18.7 Which laws apply to this contract and where you may bring legal proceedings if you are a business. If you are a business, any dispute or claim arising out of or in connection with a contract between us 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 and the courts of England and Wales shall have exclusive jurisdiction to settle any such dispute or claim.
Model Cancellation Form for consumer customers
(Complete and return this form only if you wish to withdraw from the contract)
To V I Resourcing Ltd (trading as Connect)
I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods [*]/for the supply of the following service [*],
Ordered on [*]/received on [*],
Name of consumer(s),
Address of consumer(s),
Signature of consumer(s) (only if this form is notified on paper),
[*] Delete as appropriate
© Crown copyright 2013.
C-Live terms and conditions
For C Live
Service Provider Organisation: Connect
Address 1: Alvaston Lodge
Address 2: Alvaston Business Park
City, Postcode: Nantwich, CW5 6PF
Primary Contact for Invoicing: Christine Dee
Phone: (+44) 01270 449 165
Email: [email protected]
For Service Subscriber:
Service Subscriber Organisation:
Description of Services
C Live provides Simulation Services through a proprietary, avatar based, interactive software system. C Live provides technical support for its simulation software system to you, provided that you allow unrestricted outbound connections to the Internet across its internal firewall on a hard-wired connection, and you permit us through C Live to use remote diagnosis and troubleshooting tools to provide the necessary technical support. By signing this Scope of Work, you agree to designate one person within your organisation as the Technical Lead to work with C Live on any necessary technical support. You will designate one Project Manager for: a) receiving invoices and b) scheduling sessions; Project Manager may designate multiple individuals with scheduling privileges. You also agree to train all new users listed in below to operate the simulations pursuant to this Scope of Work prior to facilitating Simulation Sessions and to operate Simulation Services in accordance with the policies provided to you from time to time.
C Live will provide Simulation Services to you for the fees agreed in the Scope of Work. Simulation Services shall be provided in increments of one hour, provided that you agree to permit C Live Simulation Specialists to pause the simulation system for ten continuous minutes of each hour after 50 minutes of service delivery. During this period of pause, no simulation activity can occur. At the start of delivery, you agree that only a trained facilitator, technical lead, and/or designee can be present in the room while connection is established, and no end-users will be present. After connection is established, a brief check-in with the Simulation Specialist will occur for five to seven minutes with the purpose of confirming session objectives. Simulation Services must be scheduled in advance using C Live’s proprietary online scheduling system. Scheduled Simulation Services are referred to as “Simulation Sessions.” Every Simulation Session must be scheduled for a minimum duration of one hour and must comply with the policies for scenario design and use. Incremental simulation time may be scheduled in one-hour increments. C Live will make reasonable commercial efforts to accommodate your scheduling requirements, but we cannot guarantee the availability of Simulation Specialists at times requested by you.
You agree to schedule each Simulation Session online with C Live at least two (2) weeks in advance and to provide at least one (1) week written notice of cancellation. Any cancellations that do not meet the one (1) week notice of cancellation will be charged to you. Exceptions will be made on a case-by case basis for extreme weather. In the event of cancellation due to some fault of C Live, we will reschedule the cancelled Simulation Session at a time that is acceptable to Service Subscriber.
It may be necessary to interrupt a Simulation Session during its progress due to technical difficulties or because of urgent maintenance. In those circumstances we will rearrange the Simulation Session for another date and time, agreed with you, so you can utilise the remaining interrupted time. This will be your only remedy and you shall not be entitled to a refund or any compensation.
You agree to assume full responsibility for:
I. all releases, permissions and any other legal permission needed to protect the rights of participants engaged in Simulation Services; and
II. all physical, emotional and psychological consequences of simulations conducted pursuant to these terms.
We will invoice you at the end of each month for all fees incurred during that month. You agree to remit payment thirty (30) days from receipt of invoice.
A. Scenario Design: C Live will work with Service Subscriber to design scenarios for Live Simulation that will be integrated into the C Live simulation system. Only the scenarios attached to the Scope of Work as Addendum A can be used in Simulation Services. If Service Subscriber wishes to add scenarios to Addendum C C Live will work to develop a quote for new scenario design and an amendment to this Scope of Work.
Description of New Scenario Design:
[Insert description of all new scenarios to be designed here].
set out separately in our prices document
B. Test Session: After Service Subscriber installs equipment and allows unrestricted outbound connections to the Internet across its internal firewall on a hard-wired connection C Live will conduct a test session to establish readiness for live simulation services. set out separately in our prices document
C. Simulation Sessions: Simulation Sessions are scheduled with a minimum one hour duration. Incremental time may be scheduled in one-hour segments.
Potential Dates for Sessions:
[Insert potential dates for sessions here].
set out separately in our prices document
D. Demonstration Sessions: Service Subscribers may wish to demonstrate a session to individuals who are not familiar with the technology. Demonstration sessions can be scheduled in 1-hour increments and should be facilitated on site at the Service Subscriber’s lab by a trained facilitator using C Live’s demo scenarios. set out separately in our prices document
E. Training for or Workshopping Live Simulation: In the course of this Scope of Work, it may become necessary to conduct a training or workshop with a Simulation Specialist to train on or refine a scenario based on new materials or other revisions, such as in the case of customised learner materials. set out separately in our prices document
F. Facilitator Training: C Live will provide the appropriate training in order for clients to facilitate sessions. set out separately in our prices document
G. Project Management: For large and complex projects, C Live charges 10% to cover project management expenses. This amount is based on the costs in bold, and will be adjusted based on actual usage. set out separately in our prices document
Scope of Work Start Date:
Scope of Work Completion Date:
We look forward to working with you and hope you find C LIVE a tool for learning.
Classroom and Online Course terms and conditions
These terms and conditions form part of our Terms (if you purchase a Course via the Website, by telephone or post). Please read these terms carefully before purchasing a Course and print off a copy for your records. We will not file or otherwise keep a copy of the agreement concluded between you and us and a copy of the concluded agreement will not be available from us at a future time and date. By ordering a Course, you are confirming your agreement to be bound by our Terms.
• “Additional Charges” means any amounts payable which are not Fees and may include, but are not limited to, payment for the delivery of Study Materials, any re-sit fees which we may charge from time to time if applicable, any administration charge for switching location of a Course, amounts payable to the professional body for student/delegate registration, exemptions, examination entries and re-sit fees and any import duties, taxes and customs clearances which may be payable;
• “Asynchronous Online Course” means an online course which does not have a predetermined start date and is available for study by you immediately following delivery by us.
• “Brochure” means any online or hard copy document that is produced by us to provide detailed information with respect to the Courses our Terms cover;
• “Classroom Course” means a classroom based course and the Study Materials to be provided by us if applicable including but not limited to the Professional Development Courses;
• “Course” means either a Classroom Course and/or an Online Course whichever is purchased by you;
• “Fee” means the fee payable for the Course and/or Study Materials and shall include any VAT payable but excludes Additional Charges;
• “Online Course” means either an Asynchronous Online Course or a Synchronous Online Course and if applicable the Study Materials to be provided by us;
• “Online Study Materials” means, but is not limited to, Online Tests, Online Tutorials and Online Downloads;
• “Outbound Delivery Charges” means the postal charge incurred by you for the delivery of any Study Materials to you;
• “Professional Development Course” means those Courses which are described as being professional development courses in our Brochure or on our Website;
• “Study Materials” means, but is not limited to, Distance Learning Materials, CD Rom, i-Learn CD Rom, i-Pass CD Rom, Audio Success CD, Revision/Assessment/Tool Kit, MCQ Cards, Passcards, Question Banks, Review Exercises, Mock Exams (papers and suggested solutions), Course Companions, Revision Companions, Combined Companions, Online Study Materials, eBooks and Study Texts;
• “Synchronous Online Course” means an online course which is only available for access by you on a predetermined start date;
• “Terms” has the same meaning referred to in our main terms;
• “Website” has the same meaning referred to in our main terms.
2. Ordering Procedure
2.1 Ordering via our Website
2.1.1 In order to purchase a Course via our Website you must register for an online Connect account via our Website. If you already have an online Connect account, you can log onto your account using the user name and password that you were provided with when you registered.
2.1.2 When purchasing a Course via our Website, you can change your order at any time up to the point at which you click the “Pay Now” button by using the “Edit” option to amend the details submitted and/or by using the “Remove” option to remove an item from your basket.
2.2 Ordering via postal application, fax, email or telephone
2.2.1 You do not need to be registered for an online Connect account in order to purchase a Course via postal application, email, fax or by telephone.
2.3 When you place an order for a Course (either via our Website, by postal application, email or by telephoning us) you are offering to purchase that Course on our Terms. We reserve the right to decline or cancel your order, or any part of your order.
2.4 Following receipt by us of your order for a Course via our Website, postal application, email, fax or by telephone you will receive an automated email confirming that your order has been received by us or written order acceptance confirmation by post. Your order will be subject to acceptance by us of your offer to purchase in accordance with Clause 2.5 below.
2.5 A legally binding agreement shall not come into existence until we have accepted your offer to purchase a Course by:
(i) sending you a separate order acceptance confirmation email or written order acceptance confirmation by post, which will be effective upon sending or posting to you at the email or postal address you have provided, and
(ii) receiving payment for the Course in cleared funds from yourself or if applicable your employer in accordance with Clause 3.7 below.
For payments by cheque, cleared funds means 5 days after receipt of the cheque by us.
2.6 Except where Courses are sold together by us in one bundle for a single price, where your order consists of multiple Courses, each individual Course will be treated by us as a separate offer to purchase. Acceptance of your offer to purchase one or more of the Courses will not be an acceptance by us of your offer to purchase any other Courses which make up your order.
2.7 We reserve the right to withdraw at any time Courses advertised for sale on the Website and/or the Brochure.
2.8 We are prohibited from supplying any Course and/or Study Materials to any person or entity located in a US embargoed territory, as provided by the US Treasury Office of Foreign Assets Control (OFAC) from time to time.
3. Payment Terms
3.1 The Fee for any Course at any given time will be displayed on our Website and our Brochure and/or will be notified to you by our Customer Services representative. Fees are quoted in pounds sterling, exclusive of VAT and exclusive of any Additional Charges.
3.2 If you purchase a Course on our Website:
3.2.1 the Fee including VAT and any delivery charges payable in relation to delivery of Study Materials, if applicable, will be shown prior to completion of the online transaction; and
3.2.2 We will debit the Fee from your credit card or debit card on or after the day you make an order for a Course. Credit or debit card details are collected over a secure link and an authorised amount verification is taken immediately. At the time of collection of these details you will be asked if you would like to register these card details with us to facilitate future orders. If you have agreed to your card details being stored, they will be stored securely by us and/or our third party payment service providers and, unless you tell us otherwise, we will use these card details for payments in connection with this and any future order you may place with us. Your order will be confirmed only upon receipt of the Fee in cleared funds by us and will be subject to acceptance of your offer to purchase by us in accordance with Clause 2.5.
3.3 If you are ordering the Course by telephone, email, fax or post:
3.3.1 the Fee is either set out in our Brochure and/or on our Website and/or will be notified to you by our Customer Services representative. Delivery charges payable in relation to delivery of Study Materials, if applicable, are order specific and may vary, the correct delivery charges for your particular order can be confirmed by contacting our Customer Services representative;
3.3.2 if you are paying for the Fee on your own account, payment is due from you immediately by either credit or debit card or cheque. Your order will be subject to acceptance by us of your offer to purchase in accordance with Clause 2.5; and
3.3.3 if you choose to pay by selecting the “invoice your company” option (not available for orders placed by telephone) and your employer has an account with our Credit Control, we will review your order and invoice your employer directly in accordance with Clause 3.7. Your order will be subject to (i) receipt by you of your signed order form in accordance with Clause 3.7.1 and (ii) acceptance by us of your offer to purchase in accordance with Clause 2.5.
3.4 In the unlikely event that due to a technical error, the amount of the Fee displayed on our Website or in our Brochure is incorrect, or the Fee has been changed on our Website but our Brochure is out of date, we will notify you as soon as it reasonably can. If the correct amount of the Fee is higher than the amount displayed on our Website and/or in our Brochure, we will contact you to notify you of the correct Fee, so you can decide whether or not you wish to continue with your order of the Course at the increased Fee.
3.5 Pursuant to Clause 3.4 if you decide you want to cancel your order we will give you a full refund in respect of any amount you have already paid in accordance with Clause 4. If the correct Fee is lower, we will only refund you the difference between the amount which you have paid and the correct Fee payable.
3.6 The provision of the Course is contingent upon us having received cleared funds from you or your employer (if you select to invoice your employer) in respect of the Fee for the relevant Course. Without prejudice to our rights and remedies under our Terms, if any sum payable is not paid in cleared funds on or before the due date (being the date the Course is booked if you are responsible for paying the Fee or within 30 days from the date of the invoice if your employer is responsible for paying the Fee, save that payment will be due immediately if booking is made less than 30 days before the Course start date), we reserves the right, forthwith and at our sole discretion, to suspend the provision to you and refuse you entry to the relevant Course.
3.7 Where you choose to invoice your employer for the payment of the Fee, the following additional terms shall apply:
3.7.1 Upon receiving your order form signed by the training manager or other individual designated by your employer, we will send an invoice to your employer within 3-5 working days;
3.7.2 Full payment in cleared funds of the Fee is due from your employer within 30 days from the date of the invoice (14 days for Professional Development courses);
3.7.3 Payment is due immediately if booking is made less than 30 days before the Course start date;
3.7.4 You and your employer are joint and severally liable for all unpaid invoices; and
3.7.5 You authorise us to release to your employer details of your attendance, marks, exam results, general progress reports and any other information reasonably requested by your employer and which we in our sole discretion consider appropriate for us to provide.
3.8 The Fee excludes any Additional Charges which shall be payable by you on and when they are due. Where, in addition to Fees, we are required to collect applicable examination fees on behalf of a relevant professional body, these will be paid by us on your behalf to that professional body.
3.9 Where Study Materials are purchased with the Course and they are supplied by a third party, we act as agent for that party in collecting payments for any Study Materials supplied.
3.10 No Study Materials will be dispatched to you by us or be made available for collection, unless we have received full payment in cleared funds from you or your employer (including payment of delivery charges where applicable) in respect of the related Fee.
4. Cancellation Rights
4.1 Under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (“Consumer Contracts Regulations) you may cancel your purchase of the Course. Details are set out in the main body of our Terms.
4.2 We reserve the right to withhold payment of part or all of your Fee refund until all Study Materials have been returned or if Study Materials are not returned in a re-saleable condition.
4.3 If you cancel a Course after the Cancellation Period, we will deduct from any refund of your Fee the cost of all applicable delivery charges, including Outbound Delivery Costs.
4.4 Your order of a Course is personal to you and you will not be permitted to transfer your enrolment on a Course to any other student.
4.5 We reserve the right to use our discretion to determine whether to make refunds and/or deferrals in exceptional circumstances which fall outside Clause 4 and Clause 5 and to charge an additional fee in any such event to cover the administration costs incurred by us. Any such additional fees will be communicated to you before you make your decision.
4.6 If Study Materials accompany your Classroom Course and these have been dispatched to you prior to you deferring your place on the Classroom Course, we will be under no obligation to provide you with any revised or updated Study Materials relating to your deferred Classroom Course and any additional Study Materials required by you will need to be purchased by you prior to commencing you deferred Classroom Course.
4.7 Where you have purchased multiple Classroom Courses as part of a Connect membership or Connect package of products and you cancel or defer one or more of those Classroom Courses, each Classroom Course which you cancel or defer will be treated separately and the relevant cancellation and deferral terms and administration costs set out in this Clause 5 will apply to each cancellation or deferral.
5. Additional Cancellation Rights, Refund and Deferral Policy
5.1 Cancellation Policy for Classroom Courses and Synchronous Online Courses
5.1.1 In addition to your rights under the Consumer Contracts Regulations we also offer the following refund and deferral policy (where there is no legal right to a refund under the Consumer Contracts Regulations or otherwise).
5.1.2 You may cancel your order of a Classroom Course and/or Synchronous Online Course up to 14 days prior to the relevant Classroom Course and/or Synchronous Online Courses start date. You will receive a full refund of your Fees less a £80 charge to cover administration costs plus VAT where applicable. Where the cost of the Classroom Course and/or Synchronous Online Courses is less than £80, no refund will be payable by us and no additional administration costs in excess of the Fees will be due to you from us.
5.2 Deferral Policy for Professional Development Courses
5.2.1 You may defer the start date of your Professional Development Course at any time up to the working day prior to the relevant Professional Development Course start date, subject to availability on your chosen deferred Professional Development Course and upon payment by you of any difference in the Fees payable for the two courses and a £50 charge to cover administration costs plus VAT where applicable. You may only defer your Professional Development Course start date once. You will receive a credit note from us within 14 days of receipt by us of written notice of your intention to defer, provided that you have complied with the relevant time periods set out in this section. You must retain this credit note and use the unique reference number printed on the credit note at the time of rebooking your deferred Professional Development Course. Credit notes can only be used once and must be used within one year of the date of issue by us, after which time the credit note will expire and will not be accepted. Credit notes are personal to you and you will not be permitted to transfer your credit note to any other student.
5.3 Deferral Policy for Synchronous Online Courses
5.3.1 You may defer the start date of your Synchronous Online Course at any time up to 14 days prior to the relevant Synchronous Online Course start date, subject to availability on your chosen deferred Synchronous Online Course and upon payment by you of any difference in the Fees payable for the two courses and a £50 charge to cover administration costs plus VAT where applicable. You may only defer your Synchronous Online Course start date once. You will receive a credit note from us within 14 days of receipt by us of written notice of your intention to defer, provided that you have complied with the relevant time periods set out in this section. You must retain this credit note and use the unique reference number printed on the credit note at the time of rebooking your deferred Synchronous Online Course. Credit notes can only be used once and must be used within one year of the date of issue by us, after which time the credit note will expire and will not be accepted. Credit notes are personal to you and you will not be permitted to transfer your credit note to any other student.
5.4 Except as set out in Clauses 4 and 5, no cancellations and/or deferrals will be permitted for a Course.
5.5 You must defer your order pursuant to Clause 5.2 and Clause 5.3 in writing by post, email or fax using the contact details that are set out in our Terms.
5.6 We reserve the right to cancel a Professional Development Course at any time up to one working day prior to the commencement of such Professional Development Course. For all other Courses, we may cancel at any time up to 14 days prior to the commencement of such Course. If we cancel a Course, you will be entitled to a refund of any Fees paid in accordance with our Terms.
5.7 You must cancel your place on the Course pursuant to Clause 5 by using one of the following methods:
5.7.1 Emailing [email protected]
5.7.2 Calling us on 01270 499 165
5.7.3 Sending us a completed cancellation form a template of which is set out in our Terms.
6. Study Materials
6.1 Where hard copy Study Materials accompany the Classroom Course, these Study Materials will be made available to you at the relevant premises where the Classroom Course is to take place and at the relevant time Subject to Clauses 3.10, you may request that we dispatch the Study Materials to you in advance of the Classroom Course, where such Study Materials are available.
6.2 Where hard copy Study Materials accompany the Online Course and they are supplied by us, subject to clause 3.10 we will post, or arrange a courier on your behalf, for the goods ordered by you to the person and address you give us at the time you make your order.
6.3 Any deliveries made pursuant to Clauses 6.1 and 6.2 will incur a delivery charge. You will find current details on the available delivery options and applicable delivery charges on the pages linked here, or we will notify you if you are ordering over the telephone or by email. We will endeavour to dispatch the Study Materials to you following acceptance of your order and delivery instructions in accordance with Clause 2.5.
6.4 If you fail to take delivery of the Study Materials or give us inadequate delivery instructions then we reserve the right to store the Study Materials until actual delivery and charge you reasonable costs (including insurance costs) of storage.
6.5 When ordering goods from us for delivery (other than in the UK) you may be subject to import duties and taxes, which are levied once the goods reach the specified destination. Any additional charges for customs clearance must be borne by you; we have no control over these charges and cannot predict what they may be. Customs policies vary widely from country to country, so you should contact your local customs office for further information. Additionally, please note that when you order Study Materials from us, you are considered the importer of record and must comply with all laws and regulations of the country in which you are receiving the goods.
6.6 Risk of damage to, or loss of, any Study Materials, or any physical media on which Study Materials are stored, shall pass from us to you on delivery. Ownership of the Study Materials will pass to you on the date of receipt of payment by us in full of all sums due to us in respect of the Study Materials, and, delivery of the Study Materials to you.
6.7 We must be notified of any queries, complaints or short or incorrect deliveries within 14 days of you receiving the Study Materials. If you do not notify us within this time period, we will not be obliged to correct your order and will not be responsible for any loss or damage suffered by you as a result.
7. Classroom Courses, Online Course Content and Access Terms
7.1 Please see the description of the Course on our Website and/or in our Brochure for details of the contents of the available Courses.
7.2 Except as set out in the description of the Course on our Website and/or in our Brochure, no additional Study Materials and/or tuition (either online, face to face or classroom) will be provided by us.
7.3 You acknowledge that we operate a zero tolerance policy in relation to inappropriate behaviour of students. In particular abusive or violent behaviour directed at our staff or other students and unfair or dishonest practices including but not limited to cheating, will not be tolerated under any circumstances. We may at our reasonable discretion and without liability or an obligation to refund Fees, refuse to supply any Classroom Course to any student and may refuse to admit to, and may remove from any of our premises, any student whose participation in any Classroom Course would, in our reasonable opinion, be undesirable or whose behaviour we consider is or may be in breach of our Terms.
7.4 In relation to Online Courses only the following points apply:
7.4.1 Upon receipt of a confirmation email from us you will be notified when you have access to the Online Course purchased and for the length of time such access will be made available to you, unless any such Online Course is removed.
7.4.2 The receipt of an Online Course is personal to you and you may not transfer your rights to access the Online Course or provide an Online Course to any other person.
7.4.3 You may incur charges to your internet service provider while you are accessing and/or downloading the Study Materials. Charges may also be payable to third parties for use of the software necessary to access and/or download the Study Materials. You are responsible to pay these charges.
7.5 In relation to Classroom Courses only the following points apply:
7.5.1 You must comply with all health and safety rules and regulations and any other reasonable security requirements that apply at the premises at which Classroom Courses are provided.
7.5.2 You must only use the premises at which Classroom Courses are provided for the purposes of participating in Classroom Courses.
7.5.3 We shall provide such presenters to present the Classroom Courses as we, in our sole discretion, deem fit and we shall be entitled at any time to substitute any presenter with any other person who we, in our sole discretion, deem suitably qualified to present the relevant Classroom Course.
7.5.4 If you require a student visa to enable you to study with us you are responsible for obtaining the necessary visa and for ensuring that your attendance is satisfactory to meet your visa requirements.
7.5.5 You must sign an attendance register for each Classroom Course as required by the presenter.
7.5.6 Your personal possessions are your sole responsibility and we accept no responsibility and/or liability for anything that is lost or stolen from our venues. You are advised during a Classroom Course to keep your valuables with you at all times.
8. Enhanced Classroom Product
8.1 If the Course you purchase grants you access to our online learning environment, then the following terms in this Clause 8 shall apply:
8.1.1 Upon receipt of a confirmation email from us you will be notified when you have access to the content purchased and for the length of time such access will be made available to you, unless any such content is removed.
8.1.2 The receipt of the content is personal to you and you may not transfer your rights to access the content or provide the content to any other person.
8.1.3 You may incur charges to your internet service provider while you are accessing and/or downloading the content. Charges may also be payable to third parties for use of the software necessary to access and/or download the content. You are responsible to pay these charges.
8.1.4 Online contents are products to be used as an enhancement to our Courses. There is no fee paid by you to receive access to products and therefore no refund for the products are available in any circumstances. We have no responsibility to provide this content to you, to keep this content up to date or to monitor this content.
8.1.5 We make no warranties, whether express or implied in relation to the accuracy of any content. The content is provided on an “as is” and “as available” basis. All warranties, conditions and other terms implied by law (whether by statute, common law or otherwise) are excluded with regards to the content, to the extent permitted by law, including but not limited to, implied warranties of non-infringement, compatibility, security, accuracy and completeness.
8.1.6 If for any reason, the Course is cancelled by you then access to content will be cancelled immediately.
9. System Requirements
9.1 Please note that it is your responsibility to check that the computer you plan to use to access your Study Materials and the Online Course is compatible with the minimum specification requirement that relates to the Online Course you are ordering. View the minimum specification for each Course. You acknowledge and accept that we cannot be held responsible for any technical problems you encounter following the purchase of an Online Course.
10. Modifications to content of existing courses or technology enhancements
10.1 From time to time, we may make modifications, enhancements or issue clarifications (for example, to clarify ambiguous regulatory drafting) to the audiovisual, interactive or written Online Courses. You will have access to such changes free of charge only to the extent that such changes relate to the Online Course purchased by you.
11. Annual (or other term) Updates
11.1 Certain Online Courses will periodically be superseded by new legislation or the issue of new regulations. Following the enactment of new legislation or the issue of new regulations, we may produce Online Courses covering the new material. If new legislation or regulations supersedes existing Online Courses, these may be available for purchase as new Online Courses.
11.2 For the avoidance of doubt, purchase of a current Online Course does not entitle you to have access to future revised Online Courses as part of the original purchase.
12. Technical Support and Access
12.1 We will provide technical support to individuals who have purchased an Online Course in respect of the Online Course purchased, in accordance with the provisions referred to below.
12.2 If you report a fault to us, we will use reasonable endeavours to provide a solution but we do not guarantee that the technical support provided will resolve your technical problems. If you receive technical advice from us then we will not accept any responsibility for any problem if you do not ensure that such advice is strictly followed.
12.3 We are not obliged to offer you any technical support in relation to your use of any of the free demonstrations available on our Website but we may elect to offer technical support and the extent of any such technical support is entirely at our discretion.
12.4 You accept and acknowledge that periods of downtime may be required in respect of the information technology infrastructure connected to our Website and that technical support may not be available during such periods of downtime. Further you accept that you will not have a claim for breach of contract or otherwise in respect of such period of unavailability.
12.5 We will use reasonable endeavours to make the Online Course available but cannot guarantee uninterrupted, timely or error free availability or that defects will be corrected. We reserve the right to suspend access to our Website for the purpose of scheduled or emergency maintenance, repairs or upgrades to improve the performance or functionality of our Website.
12.6 You also accept and acknowledge that we cannot be held responsible for any delay or disruptions to your access to the Online Course as a result of such suspension or any of the following:
12.6.1 the operation of the internet and the World Wide Web, including but not limited to viruses;
12.6.2 any firewall restrictions that have been placed on your network or the computer you are using to access the Online Course;
12.6.3 failures of telecommunications links and equipment; or
12.6.4 updated browser issues.
13. Additional Terms for purchasing eBooks
13.1 In order to be able to download an eBook, you must have:
13.1.1 access to an internet connection;
13.1.2 downloaded and have access to Adobe Digital editions;
13.1.3 set up an Adobe ID; and
13.1.4 your computer must be running Windows XP and above or Mac OS X and above.
13.2 You can only download the eBook once using the token provided. Once a token has been validated by you a new token will not be issued. eBooks can be used on up to 3 computer machines as long as they are validated with your Adobe ID.
13.3 Your purchase of an eBook only entitles you to print a maximum of 15% of the eBook and multiple copies of the same page will all count towards the maximum allowance. Certain eBook titles which are not available to buy in hard copy may be printed in their entirety and this will be made clear in the eBook description. You are only entitled to print one copy of these eBook titles which are not available to buy in hard copy and in total you will not be permitted to print any more pages than that of the total page count of the eBook. If you intend to print the whole book, this should only be done in one attempt and you should ensure you have enough paper before printing, so as not to run the risk of exceeding the print allowance by having to make several print attempts.
14.1 We will provide the Study Materials in accordance with the Course description which is set out on our Website (please see Clause 7.1).
14.2 We expect you to take reasonable care to verify that the Course and Study Materials in question will meet your needs. We do not make any commitment to you that you will obtain any particular result from your use of the Study Materials or that you will obtain any particular qualification on completion of the Course (unless otherwise stated on our Website).
14.3 We do not make any representation, guarantee or commitment to you that the Study Materials will be error free.
14.4 We do not make any commitment that the Online Course will be compatible with or operate with your software or hardware.
14.5 All representations, warranties and/or terms and/or commitments not expressly set out in our Terms (whether implied by law, conduct, and statute or otherwise) are hereby excluded to the maximum extent permissible by law.
15.1 The Courses are for training purposes only. We will not accept any responsibility to any party for the use of the tuition provided and/or the contents of the Study Materials for any purpose other than training for educational purposes, including but not limited to the giving of advice by you to any third party.
16. Intellectual property
16.1 At all times, we and/or our licensors, remain the owner of the intellectual property in the Courses and the Study Materials. No Course and/or Study Materials, nor any part thereof may be reproduced, stored in a retrieval system or transmitted any form or by any means without our prior written permission.
16.2 In consideration of receipt by us of the Fee, we grant to you a non-exclusive, non-transferable licence to use the Study Materials for the sole purpose of studying for the Classroom Course and/or the Online Course. For Online Study Materials the licence granted is to use the Online Study Materials on one computer only.
16.3 Save as expressly set out in our Terms, you may not modify, copy, reproduce, re-publish, sub-licence, sell, upload, broadcast, post, transmit, make available, disseminate or distribute in any way any of the Study Materials. You may not modify, adapt, merge, translate, disassemble, decompile, recompile or reverse engineer any software forming part of the Online Study Materials or create derivative works based on the whole of or any part, or which incorporate, the Online Study Materials into any software program.
16.4 Use of the Study Materials not expressly permitted in our Terms is strictly prohibited and will constitute an infringement of either our copyright or our other intellectual property rights, and/or the copyright or other intellectual property rights of our licensors.
17. Data protection
17.2 Unless you contact us to request otherwise, you agree that we may share the information you provide with other members of the our group of companies, who may contact you by email, telephone or post to inform you about other products or services which may be of interest to you. Some members of our group of companies and some sub-contractors of our group are located outside the European Economic Area in countries providing a lower standard of data protection.
17.3 In the event that you do not wish to receive marketing correspondence from us or any member of our group of companies, a written request or email should be sent to the contact details set out at the end of our Terms.
17.4 On occasion we may conduct online surveys. This is used to gauge our service, collect demographic information and other information that we may find useful. We may share non-personal, aggregated information with third parties. You agree to us using your information in this manner.
School Workshop terms and conditions
It shall be the responsibility of the Client to immediately give Connect information required to proceed with the Contract and to ensure that the Workshop is sufficient and suitable for the purpose or purposes intended.
Connect reserves the right to make without notice to the Client any improvement or alterations to the Workshop which it thinks reasonable or desirable and such improvements or alterations shall not affect the validity of the Contract.
Connect will provide the Workshop as agreed on the Booking Form and will not allow extra Workshops or classes over the original number booked unless by prior written arrangement with Connect.
Connect will provide the Workshop as agreed on the Booking Form and will not allow extra students or audience members over the maximum number per session or show unless by prior written arrangement with Connect.
PRICE AND PAYMENT
Any quotation or estimate provided by Connect, whether written or oral, shall be deemed to be an invitation to treat and not an offer. The placing of any order, whether written or oral shall constitute an offer by the Client and no acceptance shall be binding upon Connect and no Contract shall come into existence unless and until Connect shall have accepted the Client’s offer in writing by dispatching an acknowledgement of order to the Client.
The price payable will be exclusive of VAT.
Payment of all sums due to Connect shall be made in full within 14 days of final Workshop date on the invoice which shall be rendered to the Client (“the Due Date”).
NON-PERFORMANCE AND CANCELLATION PROVISIONS
In the event that the Client cancels or postpones the Workshop, for any reason, there shall be no charge provided that the cancellation or postponement takes place at least 4 working weeks before the planned date of Workshop. Within the 4 week period, the following charges shall apply:
If the cancellation or postponement takes place less than 4 weeks, but more than 2 weeks before the planned date of Workshop the Client shall be liable to pay 15% of the full service fee;
If the cancellation or postponement takes place less than 2 weeks, but more than 1 week before the planned date of Workshop the Client shall be liable to pay 60% of the full service fee;
If the cancellation or postponement takes place 1 week or less before the planned date of Workshop or once the service has been performed or initiated, the Client shall be liable to pay 100% of the full service fee plus any unrecoverable expenses.
In the event that the Client cancels or postpones the Workshop, Connect may elect to waive any of the above cancellation provisions if an alternative date can be made for the Workshop, entirely at the discretion of Connect and Connect are not bound or due to make this offer.
Connect will aim to reschedule a Workshop if Connect is forced to cancel or postpone the Workshop for any reasons.
No drawings, descriptive matter, issued by Connect, nor the descriptions and illustrations contained in Connect’s publicity material or other professional material or details on the Website will form part of the Contract nor be regarded as a warranty or representation relating to the Workshop.
Connect does not allow video recording of any Workshop. Photographs may be permitted if agreed by Connect.