Terms and Conditions of Business
1. DEFINITIONS AND INTERPRETATION
1.1 In these Terms and Conditions of Business (“Terms”) the following definitions apply:
“Course” means training, seminar, conference or workshop, organised by TLC whether delivered in person/classroom setting, online, webinar or by webcast;
“Delegate” means the individual(s) named in a Booking Form to attend a Course;
“Student” means the individual(s) named in a Booking Form to undertake a Learn Centre study program.
"Fee" shall have the meaning given to it in clause 3;
We” “TLC”, “us”, “our” or “ours” means The Learn Centre Limited registered under company number 03652566 whose registered office is 3a Penns Road, Petersfield, GU32 2EW
“Year” means the period running from 1st January to 31st December;
“You” or “your” means the company or individual named as making a booking on a Booking Form.
2. BASIS OF OUR AGREEMENT / CONFIRMATION OF BOOKING
2.1 Your order and these Terms set out the whole agreement between us. Please check that the details of your order are complete and accurate.
2.2 By submitting an order, you request to enrol your Delegate/Student(s) on the Course specified in the order on these Terms and / or to purchase products or services that we provide from time to time, including annual subscriptions. We may accept or decline your offer for any reason including over-subscription on the relevant course.
2.3 On acceptance of your offer as described in clause 2.2 above, we will allocate a place for the Delegate/Student(s) on the Course specified and / or commence your annual subscription to the service specified, and send you an invoice. The agreement between us shall be formed when we send you such invoice.
2.4 Once we have received payment of the Fees, we will send you joining instructions for your Delegate/Student(s) no later than 3 days prior to the date of commencement of the Course.
2.5 For e-learning students specifically, the online material will not be released to students until they have accepted the terms and conditions of the e-learning agreement.
3. FEES AND PAYMENT
3.1 The Fees can be found on our website ("Fees"). You may be required to pay additional administration costs, as specified in clause 3.4 below ("Additional Costs"). The Fees are, as far as we are aware, correct at the time of publication. Fees are subject to change from time to time.
3.2 The Fees are payable in full and cleared funds no later than 30 days from the invoice date. However, if the Course start date is less than 30 days from the invoice date, you will need to pay immediately so that Joining Instructions for the course can be issued in a timely manner. Additionally, login credentials for an online Course will not be released until payment has been received in full, and so payment should be expedited if immediate access to Course materials is required.
3.3 Payment may be made electronically by credit or debit card, by bank transfer to a bank account nominated by us or by sending us a cheque. If you book a Course online, you may elect to pay electronically by credit or debit card at the time of booking or on invoice.
3.4 In addition to the Fees, you may also be required to pay the following Additional Costs:
3.4.1 charges for any late or dishonored payments;
3.4.2 a fee for any course transfer or course deferral as set out in clause 4.2.2;
3.4.3 costs for postage and packaging for sending course materials overseas or for special delivery;
3.4.4 a fee for providing further Course Materials if you wish a Delegate/Student(s) to complete a qualification assignment in the Year after the Year in which you booked the Course or after the Year in which he or she took the course;
3.4.5 administration fee and expenses incurred by tutors for in-house Courses
3.5 If you fail to pay any part of your Fees or any Additional Costs in accordance with these Terms for any reason, we reserve the right (at our discretion) to take one or more of the following actions
3.5.1 suspend or exclude your Delegate/Student(s) from the Course;
3.5.2 prevent your Delegate/Student(s) from registering;
3.5.3 withhold Delegate/Student(s) exam results and any certificate; -
3.5.4 take legal action against you to recover the Fees and any of your Additional Costs, claim for compensation under the late payment legislation, and claim other legal and administrative costs
3.5.5 terminate our agreement on written notice;
3.5.6 charge you interest on the overdue amount at the rate of 3% a year above the Bank of England base lending rate. This interest shall accrue from the due date until the date of actual payment of the overdue amount, whether before or after judgment. Interest is payable together with the overdue amount.
4. COURSE TRANSFERS AND DEFERMENT
4.1. If you wish to transfer or defer a Delegate/Student(s)'s booking to another Course of a different title, location or date, you must:
4.1.1 send us a written request by email, fax or post; and
4.1.2 send an email detailing the proposed transfer or deferment or "the new course":
(a) in the case of deferments, no later than 14 days prior to the start date of the original Course (unless we in our absolute discretion determine otherwise); or
(b) in the case of transfers, no later than 14 days prior to the start date of the new Course.
4.2 Any transfer or deferment request, will be:
4.2.1 At our discretion;
4.2.2 subject always to availability; and
4.2.3 applicable, the difference in the Fees for both courses.
4.3 Failure to comply with clause 4.1 may mean we may not be able to accommodate your request.
5. RIGHTS AND OBLIGATIONS
We warrant that the Course will be provided using reasonable care and skill.
5.1 You procure that your Delegate/Student(s) will behave appropriately at all times and in such a way so as not to:
5.1.1 cause a nuisance, injury or damage to other persons (in particular to other Delegate/Student(s), our employees, authorised contractors, agents and any visitors) or to any of our property;
5.1.2 impede or prevent the provision of any Course; or
5.1.3 cause damage to our reputation.
6. RESCHEDULING, CANCELLATION & NON ATTENDANCE
6.1.1 By us:
6.1.2 The dates, times and venues advertised for a Course are provisional but we will use reasonable endeavours to adhere to these.
6.1.3 In the event of change or cancellation of a Course pursuant to clause 6.1.1, we will use reasonable endeavours to notify you and offer an alternative date/Course. If following such offer, you do not accept an alternative date/Course, we shall refund the Fees paid for the original Course. You agree that we shall incur no further liability whatsoever as a result of such cancellation.
6.2 By You:
If you want to cancel a booking, you must send us a request by e-mail, fax or post. Subject to clause 6.3, you shall remain liable to pay course fees as set below on cancellation:
6.2.1 less than 14 days prior to commencement of Course: 100% of Course Fees
6.2.2 between 14 and 21 days prior to commencement of Course: 50% of Course Fees
6.2.3 more than 21 days prior to commencement of Course: Nil
6.2.4 in the case of online courses, after we have sent course materials; 100% of Course Fees.
6.3 We regret that we shall be unable to offer any refund to you where your Delegate/Student(s) is unable to attend due to unforeseen circumstances, for example, illness however we will accept a transfer request in such situations.
6.4 Where a student is booked for an online interactive Course leading to a professional qualification, access to online course materials and revision tools shall be valid for one year only from course start date. If you do not renew access to online course materials and revision tools at its expiration of that Year, it is the Delegate/Student(s)’s responsibility to make sure their knowledge and study materials are up-to-date.
6.5 We are under no obligation to provide course materials and revision tools to Delegate/Student(s) that take an examination or enter assignments in the Year after the Year in which you booked the Course or after the Year in which he or she took the Course. However, if requested we will provide up-to-date course materials and revision tools to a student, but this shall be subject to payment by you of a fee to be determined by us.
7.1 Any promotion advertised on our website or otherwise is subject to availability. A promotion does not give you the right to book a specific Course or book a combination/mix of Courses. We reserve the right to reject the combination/mix of Courses or cancel a promotion without notice.
8. INTELLECTUAL PROPERTY RIGHTS
8.1 The copyright, design right and all other intellectual property rights in any materials and other documents or items that we prepare or produce (which shall for the avoidance of doubt include any materials prepared by our employees, contractors or agents) in connection with the Course will belong to us, or our licensors, absolutely.
8.2 You may not and you must ensure that your Delegate/Student(s) do not copy or reproduce the materials, documents or other materials we provide without written authorisation from a Director of the Learn Centre.
8.3 Audio or video recording at any Course is not allowed except where we have given prior written permission.
8.4 You must ensure that your Delegate/Student(s) comply with our e-learning agreement for any online Course.
9. LIMITATION OF LIABILITY AND WARRANTY
9.1 Nothing in these Terms shall limit either party's liability for:
9.1.1 death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors;
9.1.2 fraud or fraudulent misrepresentation; or
9.1.3 breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession).
9.2 Subject to clause 9.1:
9.2.1 We shall under no circumstances whatever 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 our obligations under these Terms; and
9.2.2 Our total liability to you in respect of all other losses arising under or in connection with the agreement, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed:
(a) the Fees for the Course in respect of which the costs have incurred
(b)any insurance we may have, whichever may be the higher.
9.3 Except as set out in these Terms, all warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from these Terms.
10. DATA PROTECTION
10.2 Agreement to the processing of your Personal Data is a condition of acceptance onto any of our products or services. By submitting an order, you signify agreement to this processing.
10.3 The parties agree that you will be the Data Controller and we will be the Data Processor in relation to such Personal Data. You warrant and represent that:
10.3.1 you are entitled to transfer such Personal Data to us to lawfully allow us to process the Personal Data in accordance with these Terms; and
10.3.2 you will process the Personal Data in compliance with all applicable laws, enactments, regulations, orders, standards and other similar instruments.
10.3.3 Consequently, we will not be liable for any claim brought by a Data Subject arising from any action or omission by us, as Data Processor, to the extent that such action and omission resulted from your instructions.
10.4 We agree to take appropriate technical and organisational measures, having regard to the state of technological development, the cost of implementing any measures and the nature of the Personal Data to be protected, to protect such Personal Data from unauthorised or unlawful processing and against accidental loss or destruction of, or damage to, such Personal Data. Without limitation, we may disclose such information to the extent required to do so by law or by the order of any competent authority.
10.5 Capitalised terms used in this condition and not defined elsewhere shall have the meanings given in the Data Protection Act 1998 (as may be amended from time to time).
10.6 We may need to use your Personal Data in order to communicate electronically with you or your Users in order to provide the products or services you have purchased from us. Examples of such communications include joining instructions and appraisals for our Courses, information about, and delivery of, membership products such as webinars and the help desk, general membership information and administration, and information about and delivery of our newsletter. Agreement to the use of your Personal Data for these communications is a condition of acceptance onto any of our products or services. By submitting an order, you signify agreement to this usage. Whilst you can opt out of our marketing communications via our preference centre, you will not be able to opt out of these contractual communications.
11. EVENTS OUTSIDE OUR CONTROL
11.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by an event outside our reasonable control, including without limitation changes in applicable laws, actions or delays by any government authority, or refusals by any such authority to grant any necessary ("Force Majeure Event").
11.2 Our obligations under these Terms will be suspended for the period that the Force Majeure Event continues, and the time to perform these obligations shall be extended for the duration of that period. We will take reasonable steps to bring the Force Majeure Event to a close or to find a solution by which our obligations under these Terms can be performed despite the Force Majeure Event.
12. VIDEO TRAINING ("WEBINARS")
12.1 If your order includes access to a series of video trainings “webinars”, the following terms apply:
12.1.1 Your purchase entitles any employee of your organisation to benefit from the webinars;
12.1.2 You will be given the opportunity to attend the video training live by registering in advance on our video training delivery platform. Your colleagues may register in a similar manner, subject to our reasonable use policy;
12.1.2 You will be provided with login credentials to a web location where you may view any of the webinars on demand, and retrieve copies of the accompanying presentation and course notes. Credentials will be provided to all employees who attend our Payroll Update training course that forms part of your order. These can be shared with others in your organisation.
13. THIRD PARTY PUBLICATIONS ("MAGAZINES")
13.1 if Your order if for a product or service that includes a magazine, or similar publication, the following terms apply:
13.1.1 You give permission to Us to pass Your details to the magazine’s Publisher to allow them to deliver the magazine and associated communications to You. Any changes to Your address or email must be communicated directly by You to the Publisher.
13.1.2 The content of the magazine or publication is the sole responsibility of its Publisher. You agree that The Learn Centre is in no way responsible for the magazine’s content, or for any actions You may take because of that content.
14. HELP DESK SERVICE ("HELP DESK")
14.1 if your order includes access to one of our help desk services, the following terms apply:
14.1.1 the help desk service will be provided between the hours of 8:30 and 5:30 Monday through Friday, except for UK public holidays. Help desk queries should be raised by phone or by emailing firstname.lastname@example.org
14.1.2 We will acknowledge your query within 1 working day and also notify You if we expect the response to take longer than our standard response time. We will make reasonable endeavours to respond to your query within the timescale indicated in our service description, if applicable, but in any event within 3 working days. However, You agree that We cannot be held responsible if there is any delay in Our response
14.1.3 The helpdesk will be staffed by knowledgeable individuals with the appropriate skills and experience to manage your query either directly or through our network of industry experts, but we cannot guarantee a response from a specific individual
14.1.4 We will make reasonable endeavours to provide an accurate response to your query, provided it is on an appropriate topic. However, if the topic of the query is unusual or very complicated it may not be possible to respond fully or at all within this service. In this case we will make reasonable endeavours to provide a quote to answer the query using our consultancy service
14.1.5 You acknowledge that our responses are provided “as-is” with no warranty regarding completeness or accuracy. You agree that We cannot be held responsible for any actions You do or do not take as a result of Our response to Your queries.
15.1 If any court or competent authority decides that any of the provisions of these Terms are invalid, unlawful or unenforceable to any extent, such Term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.
15.2 If we fail, at any time while these Terms are in force, to insist that you perform any of your obligations under these Terms, or if we do not exercise any of our rights or remedies under these Terms, that will not mean that we have waived such rights or remedies and will not mean that you do not have to comply with those obligations. If we do waive a default by you, that will not mean that we will automatically waive any subsequent default by you. No waiver by us of any of these Terms shall be effective unless we expressly say that it is a waiver and we tell you so in writing.
15.3 A person who is not party to these Terms (including without limitation your Delegate/Student(s) shall not have any rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999.
15.4 These Terms shall be governed by English law and you and we both agree to the exclusive jurisdiction of the English courts.