Centred Excellence eLearning

Terms & Conditions

Please read these Terms and Conditions of Use carefully before using this system ('the Website'). These Terms and Conditions of use apply to all users of this Website including casual browsers.

Part A applies to all users of the Website
Part B sets out additional terms which are applicable if you register as a user of the Website
Part C sets out additional terms which are applicable if you buy or access any products or service that are sold from the Website
Part D is our Privacy Statement
Part E is our Copyright Statement

Definitions

'we', 'us', 'our' and 'Centred Excellence' means Centred Excellence, who provide the Course. When you purchase online Course Materials via the Website, your contract is with Centred Excellence.
'you' means the individual using the Website
'Course Materials' means the online materials provided that enable you to complete a Centred Excellence Training Course;
'Course' means the online Course Materials, which are in a format that allows (i) downloading the Course Materials via the Website or (ii) accessing and viewing the Course Materials online (or a combination of both (i) and (ii)).
'Course Fee' means the fee payable for a Centred Excellence Training Course.

Part A - Terms applying to all users of the Website

Please read these Terms and Conditions of Use ('Terms') prior to completing registration as a user of the Website (Part B) and if you buy, or access courses that are sold from the Website (Part C).

Ownership of Rights - Centred Excellence is the owner of this Website and the Centred Excellence trade mark and brand. We reserve the right to withdraw all or part of the Website at any time. By using this Website you agree to be bound by these Terms, the Privacy Statement (Part D) and the Copyright Statement (Part E).

Your responsibilities - You acknowledge that you are responsible for making back-up copies of all your data and taking appropriate precautions against viruses, hacking and other types of computer misuse.

Damage to your computer - Whilst we try to ensure that the Website does not contain any error, defect, malfunction or corruption, we do not accept responsibility for any damage to or loss of data on your computer system, network or server that results from the download or use of the Website or any materials made available via the Website.

Accessibility of the Website - Although we use reasonable endeavours to ensure that the Website is available 24 hours a day 7 days a week, we cannot promise that access to the Website will be uninterrupted or error free. [We reserve the right to suspend access to the Website between the scheduled maintenance as required to ensure the efficiency of the site.] There may also be occasions when access to the Website is interrupted for emergency maintenance or repairs, or to carry out upgrades to improve the performance or functionality of the Website. Access may also be interrupted due to failures of telecommunications links and equipment, which are beyond our control.

You accept that you will not have a claim for breach of contract (either against Centred Excellence or an Agent of Centred Excellence) or otherwise in respect of such period of unavailability. You also acknowledge that we cannot be held responsible for any delay or disruptions that are inherent in the operation of the Internet and the World Wide Web, including viruses.

Our Liability to you - We shall not be liable to you for any of the following types of loss or damage arising out of or in connection with your use of the Website or any or content and/or facilities provided via the Website:

any loss of profits, loss of earnings, loss of anticipated savings, goodwill or revenue;
any loss or corruption of data; or
any indirect or consequential loss.

The maximum aggregate liability of Centred Excellence for all claims, whether made in contract, tort under statute or otherwise (including in each case negligence) which are not otherwise excluded under these Terms ("Claims") shall be limited to £1.00 in respect of one incident, or series of incidents arising from a common cause, in each 12 month period commencing from the date that you register, provided that the maximum aggregate liability of Centred Excellence for all Claims arising as a direct result of technical advice provided by us shall be subject to the monetary cap on liability set out on Part C of these terms.

The exclusions and limitations of liability contained in this section do not apply to:

any loss or damage resulting from death or personal injury caused by our negligence;
loss or damages arising from our fraudulent misrepresentation; or
any other losses which may not be excluded or limited by law.

Each provision of this Paragraph shall be construed separately as between you and us. If any part is held by a court to be unreasonable, inapplicable or unenforceable, then the other parts shall still apply.

Any right to access the Course Materials is personal to you. Other than as permitted under Part C of these Terms, you may not transfer your rights to access the Course Materials to another person unless we have consented in writing to you doing so.

General - If any provision of these Terms becomes void or otherwise unenforceable in whole or in part, the validity of the remainder of these Terms shall not be affected. If either we or you fail to enforce, or delay in enforcing, any respective rights or remedies under these Terms, such failure or delay shall not operate as an agreement to waive that right or remedy, and shall not prevent us from exercising that right or remedy in the future. These Terms constitute the entire agreement between us and you in relation to the provision by us to you of the Website, any Course Materials (and related technical support), and they replace and supersede any prior arrangements between us and you in relation to the same. You acknowledge that you are not relying on any statement made by Centred Excellence or any of our Agents or representatives with regard to the Course Materials and related technical support other than those expressly set out in these Terms (which include, for the avoidance of doubt, the description of the Course Materials and related technical support set out on the Website). Nothing in this paragraph shall exclude or restrict our liability for fraud or fraudulent misrepresentation. The agreement between us and you which is comprised of these Terms is not intended to be for the benefit of any third party, and shall not be exercisable by any other person under the Contracts (Rights of Third Parties) Act 1999 or otherwise. These Terms are governed by and shall be construed in accordance with English law. Any dispute arising between us and you under or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the English courts.

Purpose of the Website - The purpose of the Website is to provide individuals the opportunity to learn or update their knowledge.

Copyright and Use of Materials - The materials on this Website are protected by our and by third party copyright and other intellectual property rights as described in the Centred Excellence Copyright Statement (Part E). If you are using the Website to buy access to courses on behalf of your business, you may provide access to Course Materials to individuals within your organisation as set out in Part C of these terms.

Where you have been granted access to Course Materials, either as a result of your own online purchase or because you have been granted access rights by someone else, you may not re-sell access to the materials or otherwise distribute "Enrolment Keys" or "access codes" to anyone except as permitted under these Terms or as permitted in writing by us.

Amendments to the Terms - We reserve the right to amend these Terms from time to time. When we make a change we will update this page of the Website. The date of the last revision to these Terms is provided at the end of the Terms. We recommend that you revisit this page from time to time to ensure that you are aware of any changes that we have made to these Terms.

Part B - Terms applying if you register as a user of the Website

Individuals will need to register in order to purchase or access courses that are sold from the Website. By registering, you are creating a “user account”. Please read Part B carefully before registering as a user of the Website.

Registration - To register as a user of the Website you must be at least 16 years old. You agree that the information that you provide to us on registration and at all other times will be true, accurate, current and complete and you agree that you will ensure it is kept accurate and up to date at all times. We may refuse to accept your application to register as a user of Centred Excellence business for any reason in our absolute discretion.

Password - When you register as a user of the Website you will be asked to select a user name and password. As you will be responsible for all activities that occur under your user name and password, you should take care to keep your user name and password confidential. You must notify us immediately of any unauthorised use of your user name or password or if you believe that your user name or password are no longer confidential. We reserve the right to require you to alter your username and password if we believe that they are no longer secure or for routine security. You can alter your password via the Website. The information that you provide to us upon registration and at any other time is subject to the Centred Excellence business Privacy Statement (PART D of these Terms).

Technical Support - You acknowledge and accept that periods of downtime may be required in respect of Centred Excellence IT infrastructure in the circumstances outlined in these Terms (dealing with unavailability of the Website) and that technical support may not be available during such periods of downtime. You accept that you will not have a claim for breach of contract against us or otherwise in respect of such period of unavailability. We exclude all other warranties, express or implied, as to the performance and availability of the technical support service, except as expressly stated in these Terms and Conditions. We do not guarantee that the technical advice provided by us will resolve your technical problems. If you decide to avail of such technical advice, you should ensure that such advice is strictly followed.

Suspension and termination of your account - You agree that we may at any time without notice terminate your user account and delete all information stored on it, unless it contains Course Materials that have not exceeded their expiry date. You agree that we may terminate your user account if our agreement with the Agent who sold you this Course no longer has a licence from us. Subject to the terms of any agreement we conclude with you if you enrol on a Course via the Website, we reserve the right to withdraw all or part of the Website at any time.

Part C - Terms Applying if you buy or access any Course on the Website

These Terms, in addition to the Terms set out in Part A and Part B apply to the sale of any Course advertised on the Website, and to the subsequent access of these Courses. These Courses are provided as part of a stand-alone "Centred Excellence" offering. Tutorial support is not provided in respect of these Courses. Please read these Terms carefully before purchasing a Centred Excellence Training Course and print off a copy for your records.

Formation of a contract of sale - In order to purchase and access a Course, you must register as a user of the Website (see Part B). If you are already registered as a member of Centred Excellence, you can log onto your customer account using the user name and password that you chose when you registered. When you place an order for a Course you are offering to purchase that Course on these Terms. We shall have the right to decline or cancel your order. You can change your order at any time up to the submission of your credit or debit card or client code details by using the “back button” of your web browser. You will receive confirmation (via the website and by email) from PayPal, our payment processor, once they have approved your card transaction. A legally binding agreement shall not come into existence until we have accepted your offer to purchase a Course by means of a separate confirmation email from us, which will be effective upon sendingWe reserve the right to withdraw at any time Courses advertised for sale on the Website.

Payment by you of the Course Fee - You agree to pay us the Course Fee. The Course Fee for any Course at any given time will be displayed on the Website. Course Fees are quoted in pounds sterling, excluding VAT, however, VAT is payable. The total cost of the Courses and the VAT payable is shown on the shopping basket prior to the online transaction. We will debit the Course Fee from your credit card or debit card on or after the day you make an order for a Course. Credit or debit card details are collected over a secure link. Please see our Privacy Statement (part D of these Terms) for more information on privacy and security. Where you purchase a Course, you may incur additional charges to your Internet Service Provider while your are accessing and/or downloading the Course Materials. Additional charges may also be payable to third parties for use of the software necessary to access and/or download the Course Materials. You are responsible for paying these charges. We reserve the right from time to time to change the amount of the Course Fee. In the unlikely event that due to a technical error, the amount of the Course Fee is incorrect, we will notify you as soon as we reasonably can. If the correct price is higher than advertised, you will be entitled to choose between receiving a refund of the monies that you have paid to us (in which case the Course Materials will not be sent to you and/or you will not be able to access the Course Materials for the purposes of downloading or completing the Course online) or to pay the balance of the Course Fee to us. If the correct price is lower than advertised, we will refund the balance of the Course Fee to you.

Provision of Access - We will provide you with access to online Course Materials after we have confirmed your order by email. This will immediately follow a successful online transaction.

Where you have specified that you are buying for yourself (not using a client code), in order to access Course Materials, you will be able to access the Course Materials by logging on the Website using your registration details. The Course Materials can be accessed by you through the "My Account" page of the Website.

Your Right to Use the Online Course Materials and your Related Obligations - In consideration of receipt by us of the Course Fee, we grant to you a non-exclusive, non-transferable licence to use the Course Materials for the sole purpose of work use. Save as expressly set out in these Terms, you may not modify, copy, reproduce, re-publish, upload, post, transmit or distribute in any way any of the Course Materials. Any use of the Course Materials not expressly permitted in these Terms is strictly prohibited and will constitute an infringement of our copyright or our other intellectual property rights, and / or the copyright or other intellectual property rights of our licensors.

Refund Policy

Your Right to Cancel the Course - If you are an individual buying a course online - you can cancel online courses within 48 hrs of purchasing the online training. After this 48 hour period no refund in respect of cancellation is provided. No refund will be made where the online training course has commenced. To apply for a refund please contact us, quoting your username the course you wish to cancel. Refunds are only made directly back via online payment, which ever was used for purchase and this can take between 3-7 working days for the money to arrive back in your account. Refunds may be given at the discretion of the management.

Quality of the services - We will provide the Course Materials in accordance with the Course description which is set out on the Website. We do not make any commitment to you that the Course will meet any specific requirements that you have and we expect you to take reasonable care to verify that the Course in question will meet your needs. We do not make any commitment to you that you will obtain any particular result from your use of the Course Materials or that you will obtain any particular qualification on completion of the Course (unless otherwise stated on the Website). Other than the stated minimum technical specification, we do not make any commitment that the Course Materials will be compatible with or operate with your software or hardware. All representations, warranties and/or terms and/or commitments not expressly set out in these Terms (whether implied by law, conduct, and statute or otherwise) are hereby excluded to the maximum extent permissible at law.

Our Rights to Stop Providing the Services to you - If you have purchased online Course Materials, we will make the Course Materials available to you via the Website immediately following the issue of your confirmation email for a period of the “Validity date”, after which point we will suspend your access to the Course Materials. If you wish to access the Course Materials after your access has been terminated, you will need to submit a new order via the Website. In certain circumstances, for example if you suffer from a disability, we may extend the time period in which you may access the Course Materials. To enquire about such an extension, please contact us via the details at the end of Paragraph 1.

We reserve the right to suspend your access to online Course Materials immediately in the event that:

you fail to comply with the Terms which deals with the manner in which you are permitted to use the Course Materials and the Website; or
you fail to conduct yourself in an appropriate manner when communicating with or receiving support from us. By this we mean that you act in such a way as to threaten, intimidate or otherwise harass our staff.

If we exercise this right we will notify you and will then immediately suspend your access to the Course Materials.

Our Liability to you - Notwithstanding Paragraph 1; The exclusions and limitations of liability contained in these Terms do not apply to:

your statutory rights as a consumer, nor your right to return the Course Materials;
any other losses which may not be excluded or limited by law.

We make every effort to perform our obligations under our contract with you. However, we cannot be held responsible for delays or failure to perform if such delay or failure is caused by circumstances beyond our reasonable control. In the event of a delay, we will perform our obligations as soon as reasonably possible. We are not responsible to you for any data that you lose either (a) as a result of accessing the Course Materials; or (b) during completion of any Course via the Website. It is your responsibility to ensure that you regularly save and back up (i) all data which you hold on the computer from which you are accessing the Course Materials, and (ii) all data that you are inputting when completing the Course. In the event that we recommend that you either enable cookies or download certain publicly accessible software to ensure that your computer is capable of accessing the Course Materials, you do so at your own risk. Except as set out in these Terms, our maximum aggregate liability to you for any claim that you may have against us, under or in connection with, the provision by us, to you, of the Course Materials and associated technical support which is not otherwise excluded in these Terms (including without limitation where such claim arises as a direct result of any negligent technical advice provided by us) shall be limited to the amount of the Course Fee which has been paid, or is payable, by you or on your behalf. Each provision of this paragraph shall be construed separately as between you and us. If any part is held by a court to be unreasonable, inapplicable or unenforceable, then the other parts shall still apply.

Part D - Centred Excellence Data Protection and Privacy Policy

Centred Excellence is committed to protecting the privacy of the users of its website, in accordance with the principles set out in the Data Protection Acts of 1994 and 1998 ("DPA"). Centred Excellence will ensure that the information ("data") you provide remains private, and is only used for the purposes detailed in this document. Centred Excellence is the data controller for the purposes of the DPA.

Centred Excellence will tell you why the data you provide is needed, and for which purpose(s) it will be used;

Any data Centred Excellence hold about you will be processed in line with the DPA and any other legal requirements.
Centred Excellence will ensure that the data processed about you is adequate, relevant and not excessive.
Any data Centred Excellence hold about you will be accurate, kept up-to-date, and not retained longer than necessary.
All the data Centred Excellence hold about you will be protected against unauthorised or unlawful processing, as well as accidental loss, destruction or damage.
Centred Excellence will respect your rights as a data subject as set out in the DPA (including providing you with access to the data held and rectifying inaccurate data upon your request).

Centred Excellence will make sure that sensitive personal data* e.g. Example data consisting of information as to the racial or ethnic origin, political opinions, religious beliefs or other beliefs of a similar nature, trade union membership details, physical or mental health or condition, sexual life, details of any alleged or commissioned offence and/or any related legal proceedings- is processed according to the provisions of the DPA.

Purposes

Centred Excellence collects personal data about you to help in the training or consultancy process. Data held for training and consultancy purposes will consist of information such as your name, personal contact details, email address and home address and training and consultancy services purchased.

This data is held and used by Centred Excellence for the following purposes:

To keep you informed of latest training courses available or consultancy services available.
To make you aware of the need to update your mandatory training requirements.
To make you aware of the need to rebook courses
Informing you of the status of an online course
Training Centred Excellence staff
As a testing environment for Centred Excellence applications and software
Equal opportunities monitoring

For on-line training Centred Excellence will not hold any personal banking or credit card details. Credit or debit card payment details will be held and processed solely by the on-line payment processor and you are required to agree to their terms and conditions on the management of your personal data. Centred Excellence is not responsible for the details obtained by the on-line payment processor. Purchases made using a “client code” will be invoiced direct to the client at the end of every calendar month. This invoices may be factored and payment terms are detailed within the standard Centred Excellence terms of business.

Information about Centred Excellence online visitors

In accordance with Centred Excellence data protection policy, Centred Excellence does not and will never disclose information about your individual visits to the site, or any personal details you provide, such as your name, address, e-mail address, telephone number, etc. to any third parties without your prior consent (except when the law requires it and as set out in this statement in relation to the provision of the service to you or when a specific course has been purchased by a third party for you to undertake the training). Centred Excellence may, however, use your personal details to keep you informed of services offered by Centred Excellence or associated companies. Centred Excellence may gather information about all visitors to this website collectively (for example, which area user’s access most frequently and which services user’s access the most) as well as individually (visitors' IP addresses). Centred Excellence only uses such data to help determine what is most beneficial for users and how online services can be improved to continue creating a better overall experience for users. Please note that Centred Excellence does use cookies (i.e. Small data files written to your computer's hard disk by some Web sites when you view them, which contain information those sites can use to track such things as passwords, lists of pages you have visited, and the date when you last looked at a certain page).

Changes to this Policy

If Centred Excellence changes its privacy policy in the future, the changes will be set out here, so that you will always know what personal information is gathered, the purposes it might be used for and whom it may be disclosed to. If, at any time, you have any questions or concerns about Centred Excellence's online privacy commitment, please feel free to call us, call your local office to speak to one of our Centred Excellence consultants.

Part E - Copyright Statement

Your use if the content provided on this Website is subject to the terms of this Copyright Statement.

Ownership - This website is owned by Centred Excellence which carries on business in the United Kingdom.

The copyright in the content provided on this Website including all of the graphics, code, text products, software, audio, music and design is owned by Centred Excellence except where otherwise indicated. All rights reserved. Copyright in any Course Materials including course notes, materials and teaching aids which will be made available to you if you enrol on a Course with Centred Excellence via this Website belongs to Centred Excellence or its licensors. The use of all Course Materials is subject to Part C of the Terms of Use. The Centred Excellence marks and the Centred Excellence domain names are the property of Centred Excellence. You agree not to copy, reproduce, upload, post, display or use in any way the Centred Excellence Marks without the prior written permission of Centred Excellence.

Use of the Website - You are granted a limited personal non-exclusive licence to use the Course Materials for 90 days. As such, you may make copies of this Website as necessary incidental acts during your viewing of it, and you may print for your personal use so much of this Website as is reasonable for private purposes. Save as expressly set out in this Copyright Notice, you may not modify, copy, reproduce, re-publish, upload, post, transmit or distribute in any way any of the Course Materials. Any use of the Course Materials not expressly permitted in this Copyright Notice is strictly prohibited and will constitute an infringement of the copyright and other intellectual property rights of Centred Excellence, or in the case of material licensed to Centred Excellence, the owner of such materials. You agree not to delete, change or modify in any way this Copyright Notice on this Website.