Woodthorpe IT Solutions Ltd

Terms and conditions

Parties

“Woodthorpe IT Solutions” is a trading name of “Woodthorpe IT Solutions Centre” which is Registered in England number 05572129. Registered Office address: 4 Haycroft Close, Great Sutton, Ellesmere Port, Cheshire, CH66 2GY

In these terms and conditions “we” means Woodthorpe IT Solutions Centre and “our” and “us” shall have the corresponding meaning; “you” shall mean you the customer or student or candidate and “your” shall have the corresponding meaning.

1. Definitions

1.1 In these Terms and Conditions (“Terms”) unless specified the following words shall have the following meanings:

“Brochure” means brochure of Courses published by a Training Provider from time to time;

“Consumer Cancellation Period” means the period up until the relevant Course is delivered (which shall for this purpose be defined as access by you to the Materials or the Online Learning Environment or first attendance to a physical class) or the end of 14 calendar days from the date of purchase, whichever is shorter;

“Course” means a course identified in an Order and consists any of associated learning guides, tuition, support services and access to on-line materials.

“Course Start Date” means the date of commencement of the Course, as listed in the Site or email or Brochure.

“House Rules” means the House Rules as defined in the “Online Learning Environment”;

“Intellectual Property Rights” means patents, designs, trademarks, service marks, trade names, logos, get-up, domain names, copyright (including rights in computer software),database rights, rights in performances, moral rights, confidential information and know-how, whether registered or not including applications for registration and all similar forms of protection anywhere in the world;

“Student Output” means any content that is produced by the student as part of the Course including but not limited to reports, presentation, videos, websites, web pages, graphics, copy, blog entries, quotes, potential names/trademarks, research, configurations and audio recordings;

“Third Party Content” means content owned by 3rd parties to which we may signpost Students towards including but not limited to websites, blog posts, social media, documents, videos, podcasts, quotes, potential names/trademarks;

“Materials” means items associated with the Course either issued at the commencement of the course or at a later stage;

“On-line Access” means access to the Training Provider’s on-line learning community and on-line learning material (the “On-line Learning Environment”);

“Order” means an order submitted by you to us to procure a Course for you from the Training Provider.

“Price” means the price of the Course, including carriage, packaging and VAT and confirmed in writing;

“Enrolment or Purchase or Order Date” means the earlier of the first time you complete the enrolment or application form or make your first payment towards any courses

“Training Provider” means a company or organisation that provides training courses to companies and individuals and is listed in the Order as the provider of the Course.

“Tutor Support” means the email support relating to the Course and is provided by tutors appointed by the Training Provider.

“Tutor Support Period” means the limited period after enrolment on a Course during which Tutor Support which is available.

“Site” means the Training Provider’s website.

“In-Campus Course” means where the course/tuition is provided at our campus physically in a classroom environment.

“Online Live Course” means where the course/tuition is provided through our Virtual Learning Campus or online learning platform.

“Distance Learning Course” means where the course is provided without any physical/live tuition. Course materials are provided as hard copy or online or both.

1. General

2.1 These Terms (together with the documents referred to in it) set out the terms and conditions on which we agree to supply you with any Course(s) ordered by you by telephone or post or face to face or Online. You should understand that by ordering any of our Course(s) you agree to be bound by these Terms. You should retain a copy of these Terms for future reference.

2.2 By placing an Order you warrant that you are legally capable of entering into binding contracts and you are at least 18 years old and in good health.

2.3 You agree to be entirely responsible for any activities made using your account details and password. In this respect you shall ensure that any password you choose, to gain On-line Access, remains confidential at all times. In the event that you either lose your password or account details or become aware that a third party may have access to or is using your password or account details you shall notify us or the Training Provider immediately.

2.4 You should ensure that any information you provide to us (including without limitation your name, address and bank details) is complete, accurate and current and that you notify us immediately of any changes in the details with which you registered to gain On-line Access or purchase Course(s).

2.5 We reserve the right to: (a) suspend or terminate access to On-line Access and/or cease to provide the Services where you are in breach of these Terms; (b) delete, vary or change any content in the Training Provider’s Brochure or Site at any time; and(c) terminate or cancel Orders (although we will not charge you for any Orders which we cancel for reasons which are not due to your fault).

3 Payments

3.1 The Price for the Course must be paid in full prior to the Course Start Date, or as otherwise defined in the Order.

3.2 If you fail to make payments on time as defined in the Order, we will suspend the Services and Online Access until appropriate payment has been received.

3.3 The Price for the Course is payable by you prior to delivery, and shall be payable by you in full by credit/debit card or by you entering into a Credit Agreement. Prices are liable to change at any time, but changes will not affect Orders already accepted in accordance with clause 4.

3.4 Prices are liable to change at any time, but changes will not affect Orders already accepted in accordance with clause4

3.5 Any deposit paid to book a course is non-refundable.

4 Order and delivery of the course

4.1 An Order shall be deemed to be an offer by you to purchase the Course on these Terms, which we shall be free to accept or decline at our absolute discretion.

4.2 No Order relating to a Course shall be deemed to be accepted by us unless and until we have confirmed acceptance of your Order by procuring that the Training Provider dispatch the Course or any part of the Materials relating to this Course to you.

4.3 If applicable, Online Live Course(s) or Distance Learning Course(s) will normally be despatched within five (5) working days of your Order. Although we make every effort to ensure that the Course will be available at the time of Order please note that dispatch times are estimated. Should a Course be unavailable we will notify you as soon as possible.

4.4 The contract between us will relate only to those Courses whose dispatch we have confirmed in accordance with clause 4.2.

4.5 Where necessary we will procure that the Training Provider will send the Materials and Software comprised in a “Course” to you in one dispatch. However we reserve the right to send you the Materials and Software in instalments depending upon availability.

4.6 The Materials and Software (if applicable) will be sent by post or email to the last address/email address provided to us. On-line Access will be granted and login details will be sent to the last email address provided to us. Proof of delivery of Materials, Software or login details (or use of the On-line Learning Environment) will bind you to these Terms.

4.7 For Distance Learning Courses you agree that you will inspect the Materials and Software (or any part thereof) upon delivery and tell us immediately if any parts of the Materials and Software are defective or missing except where you have been notified that the Materials and Software will be provided in instalments and you have not yet received part of the delivery.

4.8 For Distance Learning Courses, except in the case of a clear defect in the Course(s) (or any part thereof), you will be deemed to have accepted the Course if you do not notify us within Fourteen (14) calendar days after delivery that you wish to cancel or are returning the Materials and Software (or any part thereof). Nothing in these Terms shall affect your statutory rights as a consumer.

4.9 When you return the Distance Learning Course Materials and Software to us:

(a) Without prejudice to your rights under clause 11.1, because you have cancelled the Order within the period mentioned therein, we will process the refund due to you as soon as possible and, in any case; within fourteen (14) days of receiving confirmation from us that your cancellation request has been received. In this case, we will refund the Price of the Course minus any costs as described in 11.4 (if applicable). You will not have the right to cancel your Order, by giving written notice of cancellation, if the Materials have been used and (or) defaced and (or) Software has been supplied and the supplier’s seal has been broken by you (unless the Software is deemed to be defective).

(b) Because the Materials and (or) Software are defective, we will examine the returned Materials and (or) Software and, if satisfied they are defective, notify you of replacement via e-mail within a reasonable period of time. You will be sent replacement goods, including a refund of the cost incurred by you in returning the item to us. Should you request to cancel the Course, we will usually process the refund due to you as soon as possible and, in any case, within fourteen (14) days of the day we confirmed to you that you were entitled to a replacement for the defective Materials and (or) Software. Where possible we will refund any money received from you using the same method originally used by you to pay for your purchase.

4.10 If applicable, risk of damage or loss in the Materials and Software will pass to you upon delivery. Title in the media on which the Materials and Software are provided will only pass to you when we receive full payment of all sums due in respect of the Course. Nothing in these Terms will be deemed to vest any of the Intellectual Property Rights in the Course in you.

5 Services

5.1 By accepting these Terms, you also agree to the provision by the Training Provider of the Services set out in this Clause 5.

5.2 The Training Provider may sub-contract our obligations under these Terms (including without limitation the provision of the Tutor Support) to any other party. The sub-contracting by us of any of our obligations under these Terms shall not in any way relieve us of our liabilities and obligations to you.

5.3 The Services include Tutor Support, assignment marking and are available for the Tutor Support Period associated with the Course, which may be extended for an agreed fee subject to availability.

5.4 Where 3rd party course membership is required to sit examinations and gain certification, it will be the sole responsibility of the student to arrange this unless purchased through the college. Where membership is purchased as part of the Course it is limited to 12 months per level.

5.5 Where 3rd party examinations are required to gain formal certification it will be the sole responsibility of the student to purchase and arrange examinations with an external test centre unless purchased through the college. Examinations purchased with the Course must be taken within 6 months of the expiry date of your Tutor Support Period. Where applicable, the Training Provider will use reasonable endeavours to provide you with such information to assist you in making examination arrangements.

5.6 In addition to your rights under the Consumer Contracts Regulation 2014, we also offer the following transfer policy for the Course (where there is no legal right to a full refund under the Consumer Contracts Regulation 2014 or otherwise). Where applicable, in exceptional circumstances students may be able to transfer to an alternative Tutor Group or Course. Transfers will be at the discretion of the Training Provider. In the event that you are transferred to a later Tutor Group or a different Course, you will no longer have access to your original Study Area or Tutor Group and you may be required to pay a fee for the additional tutoring period required and any difference in course fees.

5.7 Where you enrol for an In Campus course you should abide by the campus rules which would be updated time to time and notified to you by email. If anyone found to be in breach of the campus rules, the training contract would be terminated with no refund at all.

6 On line access

6.1 As part of your course you may need to log on to the On-line Learning Environment to access Materials and complete your Course. Whilst doing so you agree to abide by the rules of the On-line Learning Environment set out therein from time to time. We reserve the right to cease or suspend access to the On-line Learning Environment in the event that you breach any of these Terms or the rules of the On-line Learning Environment.

6.2 You agree to be entirely responsible for any activities made using your account details and password or account details or become aware that a third party may have to gain Online Access to or is using your password or account details you shall notify us immediately. You must never share your online access/log in details with anyone else except your self.

6.3 We do not warrant that the On-Line Access will be uninterrupted or error-free or that defects therein will be corrected.

7 Intellectual property rights

7.1 The Intellectual Property Rights in the Course(s), Materials and the Online Learning Environment are owned by and shall remain vested in the Training Provider or its licensors.

7.2 The Intellectual Property Rights in the Student Output shall be owned by and shall remain vested in us and our licensors.

7.3 Save as expressly stated in these Terms, you shall not acquire any interest in any of the Intellectual Property Rights in the Courses, Materials, Online Learning Environment, Student Output and/or the Software. You agree that you will not rent, lease, sub-license, loan, copy, modify, adapt, disclose to 3rd party, translate, reverse engineer, decompile, disassemble or create derivative works based on the whole or any part of the Course(s) or use (other than as permitted under these Terms) reproduce or deal in the Course(s) or any part thereof in any way.

7.4 By agreeing to these Terms we procure that we grant you a limited, non-exclusive, non-transferable and revocable licence to use the Course and Student Output only for your own personal use and for completing the Course.

7.5 Where On-Line Access is granted by the Training Provider you agree that: (a) the licence granted to you to access the content on the On-line Learning Environment shall be personal to you and you should take all reasonable precautions to ensure that your log-in details are kept secure and not provided to any other party. You shall comply at all times with the rules of the On-line Learning Environment as applicable from time to time; (b) 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 On-Line Access.

8 Third party content

8.1 During the course we may signpost you to Third Party content. This means you may leave our Site and visit a website that is not operated by us. We are not responsible for the content or availability of linked sites.

8.2 In instances where we provide links to other third party websites that may be of interest to our website visitors, when you click on these links you will leave our Site and will be redirected to another site. These sites are not under the control of the Training Provider.

8.3 We are not responsible for the content of linked third party websites. We are not an agent for these third parties nor do we endorse or guarantee their products. We make no representation or warranty regarding the accuracy of the information contained in the linked sites. We suggest that you always verify the information obtained from linked websites before acting upon this information.

8.4 The security and privacy policies on these sites may be different to our policies, so we suggest you read third party privacy and security policies closely.

8.5 If you have any questions or concerns about the products and services offered on linked third party websites, please contact the third party directly.

9 Termination

9.1 We may terminate the agreement set out in these Terms if: (a) you are in material breach (including non-payment) of any provision of these Terms which is not remediable or, if remediable, is not remedied with a period of thirty (30) days after we have given notice to you requiring such breach to be remedied. In such circumstances we will be permitted (without liability) to procure that the Training Provider suspend the provision of the Services to you and your On-Line Access until such a breach has been remedied; (b) you appear to be unable to pay your debts (whether within the meaning of section 268 of the Insolvency Act 1986, or upon any other reasonable grounds including without limitation.

Where a debt owing by you to us or to a third party has become due and payable and has not been met on the due date therefore), or you present or you have presented against you a bankruptcy petition or a bankruptcy order is made against you, or you take any formal step to implement an individual voluntary arrangement (within the meaning of the Insolvency Act 1986); (c) you carry out any unauthorised act with regard to the Course which infringes our Intellectual Property Rights.

9.2 You will be entitled to terminate the agreement set out under these Terms under Clause 13 below.

9.3 If either party terminates the agreement set out in these Terms, you must (a) return the Materials and Software to us; (b) destroy all copies of the Software including any Software stored on the hard disk of any computer under your control; and (c) cease using the Services and On-line Access immediately.

10 Limitation of liability

10.1 Our liability to you for any direct losses arising out of our negligence breach of contract or any other cause of action arising out of or in connection with these Terms shall be limited to the Price paid. This does not exclude or limit in any way our liability to you in respect of: (a) death or personal injury caused by our negligence; (b) under section 2(3) of the Consumer Protection Act 1987; (c) for fraud or fraudulent misrepresentation; or (d) for any matter for which it would be illegal for us to exclude, or attempt to exclude or limit, our liability.

10.2 Other than in respect of liability referred to in Clause 10.1, we shall not be liable for any indirect or consequential loss or damage whatsoever of for any loss of profits, loss of data, loss of revenue, loss of opportunity or your liabilities to third parties which you or any third party may suffer however arising and whether caused by tort (including negligence), breach of contract or non-delivery/delay of the course and otherwise.

10.3 The information in the Training Provider’s Brochure or Site may be updated from time to time and may be out of date when read or viewed by you. No responsibility for keeping such information in these pages up to date is taken by us or liability for not doing so.

10.4 We cannot guarantee that the On-line Learning Environment or the Software is free from computer viruses or any other malicious or impairing computer program. You should therefore ensure that you employ all reasonable precautions when accessing the On-line Learning Environment or downloading the Software. Technical inaccuracies and typographical errors may appear on the pages the On-line Learning Environment from time to time.

10.5 We shall have no liability (including liability for negligence) for the acts or omissions of telecommunications service providers or for failures of, or faults in their networks and equipment.

10.6 We reserve the right to change prices, information and specifications relating to the Courses from time to time subject always to our commitments set out in Clause 3 above.

11 Miscellaneous Terms

11.1 These Terms and any documents expressly referred to in them represent the entire agreement between us and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.

11.2 If we fail, at any time, to insist upon strict performance of any of your obligations under these Terms, or if we fail to exercise any of the rights or remedies to which we are entitled under the Terms, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations. A waiver by us of any default shall not constitute a waiver of any subsequent default.

11.3 If any of these Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

11.4 Any notices required to be served on us shall be served at our Registered Office. We may give notice to you at either the e-mail or postal address you provide to us when placing an Order, or we may post the notice on our Site (where of general application). Notice will be deemed received and properly served immediately when posted on our Site, twenty-four (24) hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail that such e-mail was sent to the specified e-mail address of the addressee.

11.5 The agreement set out in these Terms is binding on you and us and on our respective successors and assigns. You may not transfer, assign, charge or otherwise dispose of the agreement set out in these Terms, or any of your rights or obligations arising under it. We may transfer, assign, charge, sub-contract or otherwise dispose of the agreement set out under these Terms, or any of our rights or obligations arising under it, at any time during the term of the agreement set out under these Terms.

10.6 These Terms are governed by English law. Any dispute arising from, or related to, these Terms shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.

12. Use of your data

12.1 Any personal information collected by us or the Training Provider will be used by the relevant party in accordance with the Data Protection Act 1998. The Training Provider will take reasonable & appropriate measures to keep students’ personal information secure. Any disclosures of information will be made only with your permission. The Training Provider may use your name, e-mail address, home address and telephone number to contact you for any matter relating to other courses in which they feel you may be interested in. We will process the data which you provide to us or the Training Provider, or other information that we obtain about you during any of our dealings with you, to provide credit, to help us make credit decisions about you, to prevent fraud, to check identity, to prevent money laundering and to assess your application, to administer the Agreement, to collect instalments (including via 3rd party collection agencies) We may search the files of credit reference agencies who will record such credit searches (whether or not the application is successful). Any offer of credit is subject to age and status and if you wish to be removed from this list at any time please send a written request to our registered office address.

13 Cancellation

13.1. Under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2014 (“Consumer Contracts Regulations”) you may cancel your purchase of a Course within a period of fourteen (14) calendar days (“Cancellation Period”) from the date of your purchase given that the training/course has not commenced. Where the training/course already commenced or you received access to online materials, no cancellation is permitted and it will be treated as service has been consumed.

13.2 In addition to your rights under the Consumer Contracts Regulation 2014, we also offer the following transfer policy for the Course (where there is no legal right to a full refund under the Consumer Contracts Regulation 2014 or otherwise).

13.2.1 Where applicable, in exceptional circumstances students may be able to transfer to an alternative Tutor Group or Course. In the event that you are transferred to a later Tutor Group or a different Course, you will no longer have access to your original Study Area or Tutor Group and you may be required to pay a fee for the additional tutoring period required and any difference in course fees.

13.2.2 Transfers will be at the discretion of the Training Provider and is subject to availability and upon payment of any associated transfer fees. You may only transfer to a new Course or Tutor Group once.

13.2.4. Following any deferral by you, the Consumer Cancellation Period remains in effect with respect to the original Course Start Date as defined in the original Order.

13.3 If you are receiving funding from any other third party agency, such as an Employer, Sponsor or Funding through Enhanced Learning Credits, you must provide evidence that your funding has been approved by this party.

13.5 If you wish to transfer or cancel an Order you should, as soon as possible, contact our ‘Student Services’ department by telephone, by email in writing to our registered address.

Where Woodthorpe IT Solutions is the Training Provider: E-mail: contactus@woodthorpeitsolutions.co.uk or telephone: 01332 419106.

Office hours are 9 am to 5pm Monday to Friday.

13.6 If you cancel any Distance Learning Course(s) Order, you must return the Materials (and Software, if applicable) to the Training Provider by recorded delivery and in their original condition with their original packaging (where applicable) and accompanied by the original delivery note. We will process the refund due to you as soon as possible and, in any case; within fourteen (14) days from the day you receive confirmation that your cancellation has been accepted. In this case, we will refund the Price of the Course in full.

13.7 Where deposit is paid to book a course, the deposit amount will not be refundable unless we fail to commence the course within advertised or reasonable time.

14 Complaints procedure

14.1 Our standard channel for all complaints is through the “Student Services” department of the Training Provider and all such communications should be directed to their registered address.

Where Woodthorpe IT Solutions is the Training Provider: E-mail: contactus@woodthorpeitsolutions.co.uk or telephone: 01332 419106.

Office hours are 9 am to 5pm Monday to Friday.

14.2 When making complaints please ensure you comply with the complaints policy published on our Online Learning Environment.

15 Other Terms & Conditions

15.1 WOODTHORPE IT SOLUTIONS CENTRE expects you to arrive for your training sessions as per the scheduled times. There will be no time rebate for late arrivals.

15.2 WOODTHORPE IT SOLUTIONS CENTRE does not take any Responsibility for your personal items at the training centre. You are expected to keep your personal belongings safely.

15.3 WOODTHORPE IT SOLUTIONS CENTRE has the right to use student’s feedback form submission and testimonials for marketing.

15.4 WOODTHORPE IT SOLUTIONS CENTRE reserves the right to change any of these terms and conditions whenever necessary without any advanced notice.

15.5 Students must comply with the following policy while studying with the centre through Online Live or In Campus or Distance Learning.

  • Appeals Procedure
  • Complaints Procedure
  • Malpractice Policy
  • EQUALITY, diversity and disability policy

Anyone found to be in breach of these policies will have their training contract terminated.

These policies could be found on the Online Learning Environment course pages.

15.6 The Training provider does not allow any abusive behaviour, bullying towards Staff or other students. Anyone found to be responsible for any abusive behaviour, bullying towards Staff or other students will have their training contract terminated & dismissed from the course with no refund at all and police will be informed.

North West Office

Woodthorpe IT Solutions Ltd
4 Haycroft Close
Great Sutton
Ellesmere Port
Cheshire
CH66 2GY

Registered No. 05572129

VAT No. 936 2824 09

North East Office

Woodthorpe IT Solutions Ltd
13 Queensway House
Middlesbrough
Cleveland
TS3 8TF

Telephone

0800 044 3779

Email

contactus@woodthorpeitsolutions.co.uk

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