Home Learning College Terms and Conditions
1 DEFINITIONS
1.1 In these Terms and Conditions ("Terms") unless specified the following words shall have the following meanings:
"Brochure" means our brochure of Courses published by us from time to time;
"Course" means a Home Learning College course as identified in our Brochure or website and identified overleaf, which consists of course books, associated learning guides, tuition, support services, access to on-line materials associated with the course ordered;
“Materials” means other items associated with the course as identified under “course”, either dispatched at the commencement of the course or at a later stage;
"Credit Agreement" means a credit agreement entered by you (the borrower) under which credit will be provided in respect of the Price;
"Home Learning College" means us and the company who provide the Course(s) as identified in our Brochure or Site; Registered in England number 6177616. Registered office address: 1st Floor, County House. 221 - 241 Beckenham Road. Beckenham BR3 4UF (the "Registered Office"). Telephone: 0208 676 6025 Email: customer.support@homelearningcollege.com
"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;
“On-line Access” means access to our on-line learning community and on-line learning material (the "On-line Learning Community");
"Order" means the order for the Course submitted by placing an order either with our telesales operatives or by sending us a completed post order to our Registered Office Address;
"Price" means the price of the Course, including carriage, Packaging and VAT as specified in our Brochure or Site and confirmed either by us through our telesales operatives or in writing, and which relates to each Course;
"Tutor Support & Period" means the support and tuition relating to a Course and is provided by tutors appointed by Home Learning College. The period is for up to two (2) years from the date we accept your Order. This period is course specific.
"Site" means our website with the url www.homelearningcollege.com;
“Software” means the course software where applicable;
"you" shall mean you the customer. "your" shall have the corresponding meaning; and "we" means Home Learning College. "our" shall have the corresponding meaning.
2 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. 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 For your information our full company details are set out in the definition of Home Learning College above. Our main trading address is our Registered Office address. Our VAT number is 918560018
2.3 By placing an Order you warrant that you are legally capable of entering into binding contracts and you are at least 18 years old but under 76yrs of age and in good health.
2.4 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 immediately.
2.5 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).
2.6 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 our 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 default).
3 PAYMENTS
3.1 These Terms shall govern the sale of our Course(s) to you as well as the provision of the Services and any further Materials.
3.2 The Price for the Course is payable by you prior to its delivery, and shall be payable by you either 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 4.2.
3.3 Under no circumstances shall we be deemed to have received payment until either payment has actually been received by us in full or you have entered into a Credit Agreement.
3.4 Unless you have made an alternative payment arrangement with Home Learning College your monthly instalments will continue to be collected using the card details provided.
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 dispatching the Course or any part of the Materials relating to this Course to you; or if applicable confirmed acceptance of your Order placed directly with us by counter-signing any relevant Credit Agreement.
4.3 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 possible we will send the Course, materials and Software comprised in a “Course” to you in one dispatch. However we reserve the right to send you the Course materials and Software in instalments depending upon availability.
4.6 The Course, Materials and (or) Software will be sent by post or courier to the last address you have provided to us.
4.7 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 save 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 Except in the case of a clear defect in the Courses (or any part thereof), you will be deemed to have accepted the Course if you do not notify us within fourteen (14) days after delivery that you wish to cancel or are returning the Materials and Software (or any part thereof). Nothing in these Terms shall be deemed to affect your statutory rights as a consumer.
4.9 When you return the Materials and Software to us: (a) Without prejudice to your rights under clause 11.1, because you have cancelled the credit agreement between us within the 14 day cooling off period mentioned in the Pre-contract Information, we will process the refund due to you as soon as possible and, in any case, within thirty (30) days of the day you have given notice of your cancellation, In this case, we will refund the Price of the Course in full, including the cost of sending the item to you. We will also reimburse you reasonable cost of returning the item(s) to us. Unless the software is deemed to be defective. You will not have the Right to cancel your course, by giving written notice of cancellation, if software has been supplied and the suppliers seal has been broken by you.
(b) for any other reason (for instance, because the Materials 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. We will usually process the refund due to you as soon as possible and, in any case, within thirty (30) days of the day we confirmed to you that you were entitled to a replacement for the defective Materials and (or) Software. If the Materials and (or) Software are returned by you because of a defect you will be sent replacement goods, including a refund of the delivery charges for sending the item to you and the cost incurred by you in returning the item to us. We will usually refund any money received from you using the same method originally used by you to pay for your purchase.
4.10 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 us of the Services set out in this Clause 5.
5.2 We 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 examination administration and are for the Support Period. If requested, we may, at our sole discretion, extend the Support Period for an agreed fee.
5.4 Tutor Support is optional. Should you not wish to take advantage of the Tutor Support, please write to Home Learning College, 1st Floor, County House. 221 - 241 Beckenham Road. Beckenham BR3 4UF stating that you do not require it. No refund will be given.
5.5 If you opt to sit an external examination as indicated as envisaged in the Course, we will use reasonable endeavours to provide you with such information we have in our possession to assist you in making such examination arrangements.
6 INTELLECTUAL PROPERTY RIGHTS
6.1 The Intellectual Property Rights in the Course(s), Materials and the Software are owned by and shall remain vested in us or our licensors.
6.2 Save as expressly stated in these Terms, you shall not acquire any interest in any of the Intellectual Property Rights in the Courses, Materials and/or the Software. You agree that you will not rent, lease, sub-license, loan, copy, modify, adapt, 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.
6.3 By agreeing to these Terms we grant you a limited, non-exclusive, non-transferable and revocable licence to use the Course only for your own personal use and for completing the Course.
6.4 Where Software is provided as part of the Course or On-Line Access is granted by us you agree that:
In respect of the Software:
(a) the licence granted shall remain personal to you and you shall not be permitted to load the software on to a network server for the purposes of distribution to one or more other computer(s) on that network or to effect such distribution; (b) upon termination of the agreement set out in these Terms for any reason you shall erase the Software from your computer or any other media storage device; (c) although title in the physical media on which the Software is provided shall be yours, ownership and all Intellectual Property Rights in the Software (and any copies thereof) shall remain vested in us or our licensors.
In respect of the On-line Access:
(a) the licence granted to you to access the content on the Site 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.
6.5 We do not warrant that the Software or On-Line Access will be uninterrupted or error-free or that defects in the Software will be corrected.
7 TERMINATION
7.1 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 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 are in breach of any of terms of the Credit Agreement which entitles us to terminate the Credit Agreement;
(d) you carry out any unauthorised act with regard to the Course which infringes our Intellectual Property Rights.
7.2 You will be entitled to terminate the agreement set out under these Terms under Clause 11 below.
7.3 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.
8 LIMITATION OF LIABILITY
8.1 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. 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.
8.2 Other than in respect of liability referred to in Clause 8.1 (a) to (d), 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 otherwise.
8.3 The information in our 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.
8.4 We cannot guarantee that our Site 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 our Site or downloading the Software. Technical inaccuracies and typographical errors may appear on the pages of our Site from time to time.
8.5 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.
8.6 We reserve the right to change prices, information and specifications relating to the Courses on this Site from time to time subject always to our commitments set out in Clause 3 above.
9 OTHER TERMS
9.1 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.
9.2 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.
9.3 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.
9.4 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.
9.5 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.
9.6 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.
10 USE OF YOUR DATA
Any personal information collected by Home Learning College will be used by Home Learning College in accordance with the Data Protection Act 1998. Home Learning College have taken reasonable & appropriate measures to keep students personal information secure. Any disclosures of information will be made only with your permission. Home Learning College may use your name, e-mail address and telephone number to contact you for any matter relating to other courses in which we feel you may be interested in. We will process the data which you provide under any Credit Agreement, or other information that we obtain about you during the course of our dealings, to provide credit, to administer the Credit Agreement and to collect instalments, to help us to make credit decisions about you, to prevent fraud, to check identity, to prevent money laundering and to assess your application. We may search the files of credit reference agencies who will record such credit searches (whether or not the application is successful). If you wish to be removed from this list at any time please send written request of this to our registered office.
11 CANCELLATION
11.1 Without prejudice to your rights mentioned under 4.9(a) Under the Consumer Protection (Distance Selling) Regulations 2000 you have a right to cancel this agreement and your Order and/or Credit Agreement. You may do so at any time up to the end of the seventh day after you received the Course.
11.2. If you wish to cancel an Order you should, as soon as possible, contact our customer support department in writing at our Registered or email customer.support@homelearningcollege.com (such emails will be responded to between 8 am and 8 pm, Monday to Friday). If the Course has already been received you should return it in accordance with the returns policy set out in Clause 4 above and this Clause 11. Unless the software is deemed to be defective. You will not have the Right to cancel your course, by giving written notice of cancellation, if software has been supplied and the suppliers seal has been broken by you.
11.3 If you cancel an Order you must return all Courses to us and you must have taken reasonable care of them until you do so. We would ask you to return all Courses with their original packaging (where applicable) and accompanied by the original delivery note. We recommend that you send the Courses by recorded delivery so that you can track any returned Courses. We will process the refund due to you as soon as possible and, in any case, within thirty (30) days of the day you have given notice of your cancellation. In this case, we will refund the Price of the Course in full, We will also reimburse reasonable costs to you for the cost of returning the item(s) to us.
12 COMPLAINTS PROCEDURE
12.1 We hold a standard Consumer Credit Licence issued by the Office of Fair Trading. The Financial Ombudsman Service covers any dispute that you may have with our organization. Should your complaint not be concluded to your satisfaction following our internal complaints procedure, you may refer the matter to the Financial Ombudsman Service within six months of our final response by writing to Financial Ombudsman Service, South Quay Plaza, 183 Marsh Wall, London, E14 9SR or emailing: complaint.info@financial-ombudsman.org.uk Telephone: 0845 080 1800;
12.2 Our standard complaints channel for any other complaint is through our customer support representatives at our Registered Office.
13 ON LINE ACCESS
13.1 As part of your course you may need to log on to our Site 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 on the Site 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.