Read through these terms and conditions (the ‘Conditions’) and in particular our cancellations and returns policy and limitation of our liability and your indemnity.
Print a copy for future reference.
By ordering any of the Products listed on this Website, you agree to be legally bound by these Conditions. You will be unable to proceed with your purchase if you do not accept these terms and conditions as may be modified or amended and posted on this Website from time to time.
We reserve the right to revise and amend the Website, our disclaimers and the Conditions at any time without notice to you. Your continued use of the Website (or any part thereof) following a change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether we have changed these Conditions.
This Website is owned and operated by De Montfort College (‘we’/’us’/’our’), a limited company registered in England and Wales under company number: 08846191 having our registered office at 7 Chequers Parade, Passey Place, London, SE9 1DD
We are a member of the UKRLP, a publicly accessible trade register. We can be identified on the register by our registration number: 10044632. Details of the trade register can be found at www.ukrlp.co.uk.
You agree that email and other electronic communications can be used as a long-distance means of communication and acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing.
We will contact you by email or provide you with information by posting notices on our Website.
Our Website is only intended for use by customers resident in England, Wales, Scotland and Northern Ireland (the United Kingdom).
We may, in our sole discretion, accept orders for goods from individuals located outside the United Kingdom and ship them overseas. We may also agree to provide our services if you are resident in the European Economic Area (EEA), subject to reserving a right to amend the specifications or standards of the services offered on the Website and/or these Conditions or to refuse to accept an order for our services from you, if it will put an excessive strain on our business or if we have an objective reason for doing so. If we accept your order, you will be liable to pay for all and any additional costs that we incur in order to facilitate your order, such as (without limitation) extra shipping or postage costs. You will have an opportunity to cancel your order in case the additional costs are not acceptable.
If we agree to supply any Products ordered from the Website for delivery outside the United Kingdom they may be subject to import duties and/or additional taxes or expenses incurred due to complying with foreign regulatory requirements or laws. You will be responsible for payment of any such duties and/or taxes in addition to our price including VAT and the cost of delivery (in the case of goods). Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office or taxation authority for further information before placing your order.
Please note that when shipping products internationally, you should be aware that cross-border shipments are subject to opening and inspection by customs authorities.
You must comply with all applicable laws and regulations of the country for which the Products are destined. We will not be liable for any breach by you of any such laws.
When registering on the Website you must choose a username and password. You are responsible for all actions taken under your chosen username and password.
By registering on the Website you undertake:
That all the details you provide to us for the purpose of registering on the Website and purchasing the Products are true, accurate, current and complete in all respects
To notify us immediately of any changes to the information provided on registration or to your personal information
That you are over 18 or if under 18 you have a parent or guardian’s permission to register with and purchase the Products from this Website in conjunction with and under their supervision
To only use the Website using your own username and password
To make every effort to keep your password safe
Not to disclose your password to anyone
To change your password immediately upon discovering that it has been compromised
To neither transfer or sell your username or password to anyone, nor permit, either directly or indirectly, anyone other than you to use them
You authorise us to transmit your name, address and other personal information supplied by you (including updated information) to obtain information from third parties about you, including, but not limited to, credit reports and so that we may authenticate your identity.
We reserve the right to terminate an agreement formed with you and to suspend or terminate your access to the Website immediately and without notice to you if:
You fail to make any payment to us when due
You breach these Conditions (repeatedly or otherwise)
You are impersonating any other person or entity
When requested by us to do so, you fail to provide us within a reasonable time with sufficient information to enable us to determine the accuracy and validity of any information supplied by you, or your identity
We suspect you have engaged, or are about to engage, or have in anyway been involved, in fraudulent or illegal activity on the Website
To be eligible to purchase the Products on this Website and lawfully enter into and form contracts with us, you must:
Be 18 years of age or over
Be legally capable of entering into a binding contract
Provide full details of an address in the United Kingdom or the European Economic Area (if you reside in the EEA) for the performance or delivery of the Products
If you are under 18, you may only use the Website in conjunction with, and under the supervision of, a parent or guardian. If you do not qualify, you must not use our Website.
The prices of the Products are quoted on the Website and are subject to change.
Prices quoted are for delivery (in the case of goods) and for performance (in the case of services) in the United Kingdom unless otherwise specified.
Unless otherwise stated, the prices quoted include delivery costs (in the case of goods), and VAT.
We reserve the right, to increase/decrease the price of the Products to reflect any increase/decrease in the cost to us. In accordance with The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, which replaced the Consumer Protection (Distance Selling) Regulations 2000, you may cancel your course and apply for a refund anytime within fourteen working days after you order your course whether in hard copy or online. You shall be entitled to cancel the order at any time before delivery of the goods or we have commenced providing the services.
Payment can be made by any major prepay, credit or debit card or through an electronic payment account as explained on the order form.
By placing an order, you consent to payment being charged to your prepay/debit/credit card account or electronic payment account as provided on the order form.
A monthly debit will be set up for automatic payment if paying by monthly subscription.
Payment will be debited and cleared from your account before the dispatch of the goods or provision of the service to you.
When you pay for your order by card, we may carry out certain checks which include obtaining authorisation from your card issuer to ensure you have adequate funds and for security reasons. This may involve validating your name, address and other personal information supplied by you during the order process against appropriate third-party databases including the card issuer, registered credit reference agencies and fraud prevention agencies.
All outstanding debts to us must be made before we will issue you with a diploma or certificate. Your certificate will only be issued after all course fees have been paid in full.
If you are using a subscription plan and paying for your course in monthly instalments, you agree to pay the instalments promptly and on the dates specified on your enrolment confirmation, irrespective of the speed at which you are studying. If you are issued a new card, please notify us as soon as possible so we can update our records. If you are paying by monthly subscription and your card is declined or you miss a payment for any other reason, your course account will be locked and your monthly subscription plan will be cancelled. If your subscription plan is cancelled, all remaining course fees must be settled in full.
If you cancel your monthly subscription plan at any time, all remaining course fees must be settled in full.
We reserve the right to refuse enrolment on any of the courses we offer.
Undertake that all the details you provide to us for the purpose of purchasing the Products are correct and that the payment card you are using is your own and that there are sufficient funds to cover the cost of the Products ordered
Undertake that any and all Products ordered by you are for your own private or domestic use only and not for resale
Authorise us to transmit the payment and delivery information provided by you during the order process (including any updated information) for the purpose of obtaining authorisation from your card issuer to ensure you have adequate funds, to authenticate your identity, to validate your payment card and for other security reasons, such as fraud prevention
We shall contact you should any problems occur with the authorisation of your card.
We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part, we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from our Website.
All orders are subject to acceptance and availability. If any Products ordered are not available, you will be notified by email and you will have the option either to wait until the item is available or to cancel your order. It is your responsibility to provide us with a valid email address so that we can contact you if necessary.
Any order placed by you constitutes an offer to purchase the Products from us. All such offers received from you are subject to acceptance by us and we reserve the right to refuse any order placed by you at any time prior to acceptance, without providing an explanation.
You shall be responsible for ensuring the accuracy of the details provided by you during the order process and we will not accept an order unless all details requested from you have been entered correctly.
You agree that if we contact you to acknowledge receipt of your order such communication shall not amount to our acceptance of your offer to purchase the product.
A contract between you and us (the ‘Contract’) incorporating these Conditions will only subsist after we have debited your payment card and have confirmed that we have dispatched the goods and/or shall be providing the requested service and, where appropriate, have made it available to be downloaded. We will send you an email to confirm this (a ‘Confirmation Notice’). The Confirmation Notice will amount to an acceptance of your offer to buy the Products from us. The Contract will only be formed when we send you the Confirmation Notice (whether or not you receive it).
Where we agree to supply Products to you permanently or on an ongoing (continuous) basis, such as by subscription, they shall be provided for a minimum fixed period of time (the ‘Minimum Duration’). The length of the Minimum Duration will depend on which package or product you have selected to purchase and is provided on the Website.
The Contract will relate only to the Products stated in the Confirmation Notice. We will not be obliged to supply any other Products which may have been part of your order until we have sent you a separate Confirmation Notice relating to it.
You must check that the details contained in the Confirmation Notice are correct and you should print out and keep a copy of it.
You will be subject to the version of our policies and Conditions in force at the time that you order the Products from us, unless:
Any change to those policies or these Conditions is required to be made by law or governmental authority
We notify you of any change to our policies or these Conditions before we send you the Confirmation Notice, in which case, we are entitled to assume that you have accepted it, unless we receive written notification from you to the contrary within seven working days of receipt of the Confirmation Notice
The Products will be delivered to you at the address you provided during the order process which may be an address other than the billing address, but please note that extra documentation may be needed to comply with such orders. We may where appropriate and at our option, deliver all or part of the services, to the email address you supplied on registration or such other email address that we agree to use to communicate with you.
We employ professional carriers. Nevertheless, you must examine the goods on arrival. If you are asked for your signature on delivery, you must examine the goods before signing for it.
Any dates quoted for delivering the goods and/or completing the performance of the service are approximate only. If no date is specified then it will take place within 30 days or a reasonable time of the date of the Confirmation Notice, unless there are exceptional circumstances.
We shall not be liable for any delay in delivering the goods and/or completing the performance of the service, however, caused.
The Products may be sent to you in instalments.
For Christmas deliveries, we recommend that you check our Website for the last date of delivery. We will endeavour to dispatch all goods that are in stock within 24 hours. However, we cannot guarantee delivery by 24th December.
We affirm that the course materials provided will meet a satisfactory standard. We aim to produce materials of the highest quality however we do not affirm that they will be error-free. You are responsible for inspecting the course materials as soon as is reasonably possible following receipt. It is your sole responsibility to contact us should the course materials not be received in a satisfactory condition.
Digital downloads are given their own unique category under the Consumer Contracts Regulations and are therefore not services or goods.
Our products are delivered by Internet download. After your purchase has been approved we will process your order. Orders are typically processed within one (1) hour but could take as long as twenty-four (24) hours to complete. Once your order has been processed we will send you a confirmation email using the email address you provided on our order form.
This email will serve as your electronic purchase receipt and will contain the information you need to access our product downloads.
Downloads from our servers are closely monitored to ensure you are able to successfully access our products. While we are flexible and allow you to complete a reasonable number of downloads we will not tolerate download abuse. We reserve the right to terminate your access to our download servers.
This part of the conditions explains the procedure that you must follow if you want to cancel your course registration agreement. It is important that you read this section because if you fail to follow the proper procedure when cancelling your registration agreement or changing your course, you will still have to pay the full course fee.
In accordance with The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, which replaced the Consumer Protection (Distance Selling) Regulations 2000, you may cancel your course and apply for a refund anytime within fourteen days after your order is received.
If you have commenced your course study or submitted any work we are unable to refund any fees, and any outstanding fees must be paid in full.
If you have applied for an NUS student card, we cannot refund any fees.
Where an online course/e-document/pdf document has been purchased by the customer, providing the course material has not been accessed online within 14-days of enrolment we will provide a refund. We regret that no refunds can be made after the course materials have been accessed online as course materials are digital products that are non-returnable when accessed online.
To apply for cancellation or refund of your course fees, you must send a signed, written notice via recorded delivery to De Montfort College, 1 Boathouse Meadow, Cherry Orchard Lane, Salisbury, SP2 7LD.
De Montfort College is not responsible for any changes in your personal circumstances. We will not be held liable for any unforeseen changes in your circumstances after you have enrolled and course materials have been accepted at the requested address. In these circumstances, an extension may be offered to allow additional time for completion and extra fees will apply. Any requests to cancel on these grounds will be declined.
You must request an RMA (Return Merchandise Authorisation) for your returned course and a refund.
We will acknowledge your cancellation by email and provide you with an RMA (Return Merchandise Authorisation) Number. No refunds will be issued without a valid RMA number so please ensure you quote this number when sending your course back to us. You must contact the Centre Manager if you do not receive written acknowledgement of your cancellation within 14 days of the date of your cancellation e-mail.
Returned courses must be unused, in a re-saleable condition and returned within 7-days of cancellation notice. We cannot provide refunds if any work or assignments have been submitted to us
Refunds will be made at our sole discretion within 14 days of us receiving your course pack and refund payment will be made using the same method as the original payment.
The 14-day refund window starts from the day payment is received by our office. If you paid using your credit card, your refund credit will appear on your card within 3 to 5 days of us activating the refund.
You will need to pay for postage/delivery costs for all returned goods.
De Montfort College works to the below administration fees:
Cancellation of Course £35.00
If you are paying in instalments:
All outstanding payments will be cancelled by us after the returned course pack has been received and inspected to ensure it is not used or damaged.
If you have any queries regarding this process please contact us, quoting your Order Number, by email or by telephoning 020 3012 0098 or 0345 652 0098.
The goods will be at your risk from the time of delivery.
Your course enrolment is not transferable, you may not re-sell or attempt to transfer your course to another person, under any circumstance.
Your course will be an independent course delivered by De Montfort College.
We are unable to accept liability if your qualification is not recognised or employment is not gained after completing a course. All courses are completed by home study with no attendance at the college. Courses may require students to have practical assessments in the relevant workplace and it is the students prerogative to ensure they have a relevant work placement.
Please note that all students are requested to make a copy of their assignments before submitting them to the college because under no circumstances will assignments be returned.
Students have 6 months to complete the Award courses and 12 months to complete all other courses, commencing from the date we receive their individual enrolment. If the student is unable to complete their course in this time period, this period may be extended at the discretion of the college and extra fees may apply. Course completion is defined as when each and every course assignment is passed and the college can claim the qualification certificate. If a student has a break in their study of over 3 months whereby no work is submitted for a period of 3 calendar months, students should notify the college in writing by sending an email to email@example.com or a letter to 1 Boathouse Meadow Park, Cherry Orchard Lane, Salisbury, SP2 7LD to let the college know. Failure to do so may result in the student’s course being terminated.
Ownership of the goods will only pass to you when we receive full payment of all sums due in respect of them including VAT and the cost of delivery (in the case of goods).
It is the student’s responsibility to arrange access to the working environment if required. We advise students to arrange this prior to enrolment. De Montfort College does not arrange placements for students. Any agreement for placement is between the student and employer. Please ensure you are able to access your placement for the duration of your course. Please ensure your placement is working under the direction of a qualified teacher from Year 1 (ages 5 and above). Nursery class placement, midday supervisor, early years and lunchtime assistant are invalid. De Montfort College is not responsible if your offer of placement is withdrawn. All working environment risk assessments are the responsibility of the student and employer. De Montfort College is not responsible for any working environment injuries that occur within students work placement.
To cancel your course you must send a signed, written notice via recorded delivery to De Montfort College, 1 Boathouse Meadow, Cherry Orchard Lane, Salisbury, SP2 7LD or email your cancellation to firstname.lastname@example.org. Your cancellation notice must quote your name, address, the name or a description of the goods and your order reference number.
Upon receiving your cancellation notice, we will contact you and provide details of where you must return the goods and other relevant instructions. You must then immediately return the goods to us at your own risk. We reserve the right, at our option, to collect the goods from you. If we wish to collect the goods we will notify you of when they will be collected by us. We will charge you for the cost of collecting the goods and will deduct this from any sum owed by us to you. You will need to pay for all postage/delivery costs for all returned goods.
The goods must be returned to us in the same condition in which you received them until such time as the goods are either collected by us or delivered back to us by you. You must return the goods with their original packaging and the original invoice. You have a legal obligation to take reasonable care of the goods whilst they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.
You will not have a right to cancel an order for any goods or services purchased from us, in the following situations:
If you expressly agree to us beginning to provide any services before the end of the cancellation period.
If you have commenced your course study or submitted any work.
The Contract is for goods that are bespoke or have been personalised or which may deteriorate.
The Contract is for goods and/or services, the price of which is dependent on fluctuations in the financial market which cannot be controlled by us.
The Contract is for the supply of:
Audio or video recordings and computer software if unsealed by you
Audio or video recordings and software and other items that you have successfully downloaded where a free trial or demonstration was available to you to view or download
Newspapers, magazines and other periodicals
Damaged, faulty or wrongly delivered goods
We will offer you a refund of the full purchase price, including the cost of delivery for sending the goods to you, and the cost incurred by you in returning the goods to us, if it:
Has been damaged on delivery
Is in a faulty condition
Has been delivered to you in error
provided that you return the goods to us and we are reasonably satisfied that the goods have not suffered damage after delivery or have not been misused or used other than in accordance with the instructions or the problem is not due to normal wear and tear.
Alternatively, at your option, instead of a refund (and subject to returning the goods as required under this clause) we will replace the goods with the same or a similar product (subject to stock availability).
Sometimes the product specifications (example:- course updates, awarding body) may change, in which case, if you request a replacement, we will do our best to offer you a substitute of the same or better quality at the same price. If you are not happy with the replacement, you can return the goods to us.
In order to claim a refund or replacement item, please send us a cancellation notice as soon as you become aware of a problem and no later than 14 days after receipt or the fault developing by email to email@example.com or a letter to 1 Boathouse Meadow Park, Cherry Orchard Lane, Salisbury, SP2 7LD. Your cancellation notice must quote your name, address, the name or a description of the goods, a brief description of the problem, fault or damage and your order reference number.
Upon receiving your cancellation notice, we will contact you and provide details of where you must return the goods and other relevant instructions. You must then immediately return the goods to us. We reserve the right, at our option, to collect the goods from you. If we wish to collect the goods we will notify you of when they will be collected by us.
Whilst we try and ensure that all the information on our Website is accurate, errors may occur. In the unlikely event that the price and/or description of an item listed on the Website has been incorrectly advertised, we will not be under any obligation to sell or provide those goods and services to you.
If we discover the error before sending you a Confirmation Notice we will at our discretion, either reject your order and notify you of such rejection, or inform you as soon as possible and give you the option of cancelling your order or reconfirming it at the correct price and/or description. If we give you the option of cancelling your order or reconfirming it at the correct price and/or description but either cannot contact you or do not receive your response within 14 days of sending you a notification (whether or not you receive it), we will reject your order.
If we discover the error after sending you a Confirmation Notice we may, at our discretion and without incurring any liability to you, cancel the Contract provided that the error is, in our reasonable opinion, obvious and unmistakable and could have reasonably been recognised by you. We will notify if we cancel the Contract.
If you have a comment, concern or complaint about any Products you have purchased from us, please send a signed, written notice via recorded delivery to De Montfort College, 1 Boathouse Meadow, Cherry Orchard Lane, Salisbury, SP2 7LD.
Our courses are accredited by national Awarding Organisations. Due to changes in certification processes, it may occasionally be necessary to substitute an Awarding Organisation for another of similar or superior status. Such substituted accreditation will always be from an Ofqual-regulated provider. We reserve the right to do so according to operational requirements, without individual notification.
If the Awarding body or government examinations department OFQUAL change or update their qualification portfolio, we will adapt our qualifications accordingly.
The content of the Website is protected by copyright (including design copyrights), trademarks, patent, database and other intellectual property rights and similar proprietary rights which include, (without limitation), all rights in materials, works, techniques, computer programs, source codes, data, technical information, trading business brand names, goodwill, service marks utility models, semi-conductor topography rights, the style or presentation of the goods or services, creations, inventions or improvements upon or additions to an invention, confidential information, know-how and any research effort relating to De Montfort College moral rights and any similar rights in any country (whether registered or unregistered and including applications for and the right to apply for them in any part of the world) and you acknowledge that the intellectual property rights in the material and content supplied as part of the Website shall remain with us or our licensors.
You may download or copy the content and other downloadable items displayed on the Website subject to the condition that the material may only be used for personal non-commercial purposes. Copying or storing the contents of the Website for other than personal use is expressly prohibited.
You may retrieve and display the content of the Website on a computer screen, store such content in electronic form on disk (but not any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the Website.
You acknowledge that any other use of the material and content of this Website is strictly prohibited, and you agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works from such material and content.
No licence is granted to you in these Conditions to use any of our trademarks or those of our affiliated companies.
Products sold by us and Website content may be subject to copyright, trademark or other intellectual property rights in favour of third parties. We acknowledge those rights.
Liability and Indemnity
Notwithstanding any other provision in the Conditions, nothing will affect or limit your statutory rights; or will exclude or limit our liability for:
Death or personal injury resulting from our negligence
Fraud or fraudulent misrepresentation
Action pursuant to section 2(3) of the Consumer Protection Act 1987
Any matter for which it would be unlawful for us to exclude or attempt to exclude our liability
The Website is provided on an ‘as is’ and ‘as available basis without any representation or endorsement made and we make no warranties or guarantees, whether express or implied, statutory or otherwise (unless otherwise expressly stated in these Conditions or required by law) in relation to the information, materials, content or services found or offered on the Website for any particular purpose or any transaction that may be conducted on or through the Website including but not limited to, implied warranties of non-infringement, compatibility, timeliness, performance, security, accuracy, condition or completeness, or any implied warranty arising from course of dealing or usage or trade custom.
We will not be liable if the Website is unavailable at any time.
We make no representation or warranty of any kind, express or implied, statutory or otherwise, regarding the availability of the Website or that it will be timely or error-free, that defects will be corrected, or that the Website or the server that makes it available are free of viruses or bugs.
We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the Website and we accept no liability of any kind for any loss or damage resulting from action taken in reliance on material or information contained on the Website.
We cannot guarantee and cannot be responsible for the security or privacy of the Website and any information provided by you. You must bear the risk associated with the use of the internet. In particular, we will not be liable for any damage or loss caused by a distributed denial-of-service attack, any viruses trojans, worms, logic bombs, keystroke loggers, spyware, adware or other material which is malicious or technologically harmful that may infect your computer, peripheral computer equipment, computer programs, data or other proprietary material as a result of your use of the Website or you downloading any material posted or sold on the Website or from any website linked to it.
We will use all reasonable endeavours to carry out our obligations within a reasonable period of time but will not be liable to you for any loss, costs or expenses arising directly or indirectly from any delays in doing so.
We will not be liable, in contract or tort (including, without limitation, negligence), or in respect of pre-contract or other representations (other than fraudulent misrepresentations) or otherwise for:
any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings and any other consequential loss); or
any loss of goodwill or reputation; or
any special or indirect losses; or
any loss of data; or
wasted management or office time; or
any other loss or damage of any kind
suffered or incurred arising out of or in connection with the provision of any matter under these Conditions and/or the Contract and/or the use of this Website or any aspect related to your purchase of the Products even if such losses are foreseeable or result from a deliberate breach of these Conditions by us that would entitle you to terminate the Contract between us or as a result of any action we have taken in response to your breach of these Conditions. Without prejudice to the terms of this clause and in the event that we are unable to rely upon it, our liability for all and any losses you suffer as a result of us breaking the Contract, whether or not deliberate, is strictly limited to the purchase price of the Products you purchased.
You agree to fully indemnify, defend and hold us, and our officers, directors, employees and suppliers, harmless immediately on demand, from and against all claims, including but not limited to losses (including loss of profit, revenue, goodwill or reputation), costs and expenses, including reasonable administrative and legal costs, arising out of any breach of these Conditions by you, or any other liabilities arising out of your use of this Website or any other person accessing the Website using your personal information with your authority.
This clause does not affect your statutory rights as a consumer, nor does it affect your contractual cancellation rights.
We shall have no liability for delays or failures in delivery or performance of our obligations to you resulting from any act, events, omissions, failures or accidents that are outside of our control (‘Force Majeure’), which, without limitation, include:
Strikes, lock-outs or other industrial action
Shortages of labour, fuel, power, raw materials
Late, defective performance or non-performance by suppliers
Private or public telecommunication, computer network failures or breakdown of equipment
Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster or extreme weather conditions.
Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
Acts, decrees, legislation, regulations or restrictions of any government
Other causes, beyond our reasonable control
Our performance will be deemed to be suspended for the period that the event of Force Majeure continues. We will use our reasonable endeavours to minimise any delay caused by Force Majeure or to find a solution by which our obligations may be performed despite the Force Majeure event. We shall promptly notify you of any Force Majeure event giving details of it and (where possible) the extent and likely duration of any delay.
Where the period of non-performance or delay in relation to any event of Force Majeure exceeds 30 days from the date of notice to you of the event of Force Majeure, either you or we may, by written notice to the other, terminate the Contract with immediate effect upon service.
Except for our affiliates, directors, employees or representatives, a person who is not a party to the Contract has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Contract but this does not affect any right or remedy of a third party that exists or is available apart from that Act.
To provide increased value and convenience to our users, we may provide links to other websites or resources for you to access at your sole discretion and risk. You acknowledge and agree that, as you have chosen to enter the linked website we are not responsible for the availability of such external sites or resources, and do not review or endorse and are not responsible or liable in any way, whether directly or indirectly, for:
The privacy practices of such websites
The content of such websites, including (without limitation) any advertising, content, products, goods or other materials or services on or available from such websites or resources
The use which others make of these websites; or
Any damage, loss or offence caused or alleged to be caused to you, arising from or in connection with the use of or reliance upon any such advertising, content, products, goods, materials or services available on and/or purchased by you from such external websites or resources
You must not create a link to the Website from another website, document or any other source without first obtaining our prior written consent.
Any agreed link must be:
To the Website’s homepage
Established from a website or document that is owned by you and does not contain content that is offensive, controversial, infringes any intellectual property rights or other rights of any other person or does not comply in any way with the law in the UK and the law in any country from which they are hosted
Provided in such a way that is fair and legal and does not damage our reputation or take advantage of it
Established in such a way that does not suggest any form of association, approval or endorsement on our part where none exists
We have no obligation to inform you if the address of the Website home page changes and it is your responsibility to ensure that any link you provide to our homepage is at all times accurate.
We reserve the right to withdraw our consent without notice and without providing any reasons for withdrawal. Upon receiving such notice you must immediately remove the link and inform us once this has been done.
All notices given by you to us must be sent by signed, written notice via recorded delivery to 1 Boathouse Meadow, Cherry Orchard Lane, Salisbury, SP2 7LD.
Notice will be deemed received and properly served immediately when posted on our Website, 24 hours after an email 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 email, that such email was sent to the specified email address of the addressee.
The Contract represents the entire agreement between us in relation to the subject matter of the Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
We each acknowledge that, in entering into a Contract, neither of us has relied on any express or implied representation, undertaking or promise given by the other from anything said or written in any negotiations between us prior to such Contract except as has been expressly incorporated in such Contract.
Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party’s only remedy shall be for breach of contract as provided in these Conditions.
We reserve the right to change the domain address of this Website and any services, products, product prices, product specifications and availability at any time.
All prices and descriptions supersede all previous publications. All product descriptions are approximate.
Every effort is made to keep information regarding stock availability on the Website up to date. However, we do not guarantee that this is the case, or that stock will always be available.
If any provision of these terms and conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of the Contract and the remainder of the provision in question will not be affected.
All Contracts are concluded and available in English only.
If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under it or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with your obligations.
A waiver by us of any default shall not constitute a waiver of any subsequent default.
No waiver by us of any of these Conditions or of any other term of a Contract shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
Any Contract between you and us is binding on you and us and on our respective successors and assigns. You may not transfer, assign, charge or otherwise dispose of the Contract, or any of your rights or obligations arising under it, without our prior written consent. We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
It shall be your responsibility to ensure that any products, services or information available through the Website meet your specific requirements.
We will not be liable to you if the Website is unavailable at any time.
We attempt to ensure that the information available on the Website at any time is accurate. However, we do not guarantee the accuracy or completeness of material on this Website. We use all reasonable endeavours to correct errors and omissions as quickly as practicable after becoming aware or being notified of them. We make no commitment to ensure that such material is correct or up to date.
All drawings, images, descriptive matter and specifications on the Website are for the sole purpose of giving an approximate description for your general information only and should be used only as a guide.
Any prices and offers are only valid at the time they are published on the Website.
All prices and descriptions supersede all previous publications.
Every effort is made to keep information regarding stock availability on the Website up to date. However, we do not guarantee that this is the case, or that stock will always be available.
The Website is provided on an ‘as is’ and ‘as available basis without any representation or endorsement made and we make no warranties or guarantees, whether express or implied, statutory or otherwise (unless otherwise expressly stated in these terms and conditions or required by law) in relation to the information, materials, content or services found or offered on the Website for any particular purpose or any transaction that may be conducted on or through the Website including but not limited to, implied warranties of non-infringement, compatibility, timeliness, performance, security, accuracy, condition or completeness, or any implied warranty arising from course of dealing or usage or trade custom.
We make no representation or warranty of any kind express or implied statutory or otherwise regarding the availability of the Website or that it will be timely or error-free, that defects will be corrected, or that the Website or the server that makes it available are free of viruses or bugs.
We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the Website and we accept no liability of any kind for any loss or damage from action taken in reliance on material or information contained on the Website.
We cannot guarantee and cannot be responsible for the security or privacy of the Website and any information provided by you.
You must bear the risk associated with the use of the internet. In particular, we will not be liable for any damage or loss caused by a distributed denial-of-service attack, any viruses trojans, worms, logic bombs, keystroke loggers, spyware, adware or other material which is malicious or technologically harmful that may infect your computer, peripheral computer equipment, computer programs, data or other proprietary material as a result of your use of the Website or you downloading any material posted or sold on the Website or from any website linked to it.
We reserve the right to disclose such information to law enforcement authorities as we reasonably feel is necessary should you breach this agreement.
We reserve the right to terminate or suspend your access to the Website immediately and without notice to you if:
You fail to make any payment to us when due.
Make false claims about our services on any platform or media.
Sharing of confidential information, including private emails between the college and yourself.
If a student has a break in their study of over 6 months whereby no work is submitted for a period of 6 calendar months, students should notify the college in writing by sending an email to firstname.lastname@example.org or a letter to 1 Boathouse Meadow Park, Cherry Orchard Lane, Salisbury, SP2 7LD to let the college know. Failure to do so may result in the student’s course being terminated.
You breach the terms of these terms and conditions (repeatedly or otherwise).
You are impersonating any other person or entity.
When requested by us to do so, you fail to provide us within a reasonable time with sufficient information to enable us to determine the accuracy and validity of any information supplied by you or your identity
We suspect you have engaged, or about to engage, or have in any way been involved, in fraudulent or illegal activity on the Website
Notwithstanding any other provision in these terms and conditions, nothing will affect or limit your statutory rights; or will exclude or limit our liability for:
Death or personal injury resulting from our negligence
Fraud or fraudulent misrepresentation
Action pursuant to section 2(3) of the Consumer Protection Act 1987
Any matter for which it would be unlawful for us to exclude or attempt to exclude our liability
We will not be liable, in contract or tort (including, without limitation, negligence), or in respect of pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise for the below-mentioned losses which you have suffered or incurred arising out of or in connection with the provision of any matter in these terms and conditions even if such losses are foreseeable or result from a deliberate breach by us or as a result of any action we have taken in response to your breach:
Any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings)
Any loss of goodwill or reputation; or
Any special or indirect losses; or
Any loss of data
Wasted management or office time
Any other loss or damage of any kind
You agree to fully indemnify, defend and hold us, and our officers, directors, employees and suppliers, harmless immediately on demand, from and against all claims, including but not limited to losses (including loss of profit, revenue, goodwill or reputation), costs and expenses, including reasonable administrative and legal costs, arising out of any breach of these terms and conditions by you, or any other liabilities arising out of your use of this Website or any other person accessing the Website using your personal information with your authority.
This clause does not affect your statutory rights as a consumer.
The Website is controlled and operated in the United Kingdom.
Every purchase you make shall be deemed performed in England and Wales.
The Conditions and any Contract brought into being as a result of usage of this Website will be governed by the laws of England and Wales and you irrevocably agree to submit to the exclusive jurisdiction of the courts of England and Wales.