Draft Terms and Conditions for Sale of Courses v1-2 04.06.19
1.1 What these terms cover. These are the terms and conditions on which we supply courses to you.
1.2 Why you should read them. Please read these terms carefully before you apply for a course. These terms tell you who we are, how we will provide courses to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
1.3 Are you a business customer or a consumer? In some areas you will have different rights under these terms depending on whether you are a business or consumer. You are a consumer if:
- You are an individual; and
- You are buying courses from us wholly or mainly for your personal use (not for use in connection with your trade, business, craft or profession).
If you are a business, including an academic institution, clauses 9.1.3, 9.3, 9.4, 14 and 18.6 will not be applicable to you, though all other terms will be applicable to you. If you are a consumer, clauses 1.4, 13.4, 15 and 18.7 will not be applicable to you, though all other terms will be applicable to you.
1.4 If you are a business customer this is our entire agreement with you. If you are a business customer these terms constitute the entire agreement between us in relation to your purchase. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these terms and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement.
2.1 Who we are. We are The Society of Dyers and Colourists. Our company registration number is RC000567 and our registered office is at Perkin House, 82 Grattan Road, Bradford, BD1 2JB. Our registered charity number is 212331.
2.2 How to contact us. You can contact us by telephoning us on +44 (0)1274 725138 or by writing to us at firstname.lastname@example.org.
2.3 How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address you provided to us in your order.
2.4 “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
3.1 How we will accept your order. You may be required to submit an application for a course and provide supporting evidence of educational or other qualifications. We will consider such application and our acceptance of your application will take place when we email you with an order number, at which point a contract will come into existence between you and us.
3.2 If we cannot accept your order. If we are unable to accept your application, we will inform you of this and will not charge you for the course. This might be, for example, because you do not meet the entry requirements, because the course is fully booked, because you are paying in a currency that cannot be transmitted to us, because of unexpected limits on our resources which we could not reasonably plan for or because we have identified an error in the price or description of the course. Please note that this is not an exhaustive list.
3.3 Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your course.
3.4 Your responsibility to apply for the correct course. You acknowledge that you are responsible for the selection of the course and that you have not relied on any representations made by us.
If you wish to make a change to the course you have applied for please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the course, the timing of the course or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.
5.1 Minor changes to the courses. We may change the courses:
5.1.1 to reflect changes in relevant laws and regulatory requirements; and
5.1.2 to implement minor technical adjustments and improvements. These changes will not affect the course.
5.2 More significant changes to the courses and these terms. In the event that we need to make significant changes to the course or these terms, we will notify you and you may then contact us to transfer your order to another course (for which a transfer fee may be payable).
6.1 Nothing in these terms allows you to resell or offer for resale at a premium, your place on the course unless expressly authorised by us. These are grounds for cancellation by us.
7 Providing the course
7.1 Suitability for the course. Please note it is your responsibility to ensure that you or any individuals you book on the course have the appropriate qualifications and meet the entry requirements.
7.2 We are not responsible for events outside our control. All of our courses are electronic courses. We will not be liable or responsible if the course is not accessible or for any failure to perform, or delay in performance of, any of our obligations that is caused by an event outside our control.
7.3 What will happen if you do not give required information to us. We may need certain information from you so that we can supply the course to you, for example, name. If so, this will have been stated in the description of the course on our website. We will contact you to ask for this information.
If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and clause 12 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for complications caused by you not giving us the information we need within a reasonable time of us asking for it.
7.4 What will happen if you fail a course. If you fail a course and wish to re-take it, you will need to place another order for the relevant course and pay any applicable course fees.
8.1 We reserve the right to refuse to allow you, or any person booked by you, to participate, or continue to participate, in the course if you:
8.1.1 plagiarise any content in any materials that you submit to us;
8.1.2 plagiarise any part of any of our courses in order to provide your own course, whether for a fee or not;
8.1.3 provide any information or course materials or exam materials that would allow another student to cheat on a course;
8.1.4 make any defamatory comments about us or any of our courses;
8.1.5 perform inadequately on the course.
8.2 Your removal from the course will entitle us to end the contract as per clause 11.
8.3 Your removal from the course under this clause 8 will not entitle you to any refund.
9 Your rights to end the contract
9.1 You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing, when you decide to end the contract and whether you are a consumer or business customer:
9.1.1 If the course is misdescribed you may have a legal right to end the contract (or participate in an equivalent course or to get some or all of your money back);
9.1.2 If you want to end the contract because of something we have done or have told you we are going to do, see clause 9.2;
9.1.3 If you are a consumer and have just changed your mind about the course, see clause 9.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions (such as any administration fee);
9.1.4 In all other cases (if we are not at fault and you are not a consumer exercising your right to change your mind), see clause 10.
9.2 Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at 9.2.1 to 9.2.3 below the contract will end immediately. We shall use reasonable endeavours to offer you an alternative course. If no alternative course is available, we will refund you in accordance with clause 10.2. The reasons are:
9.2.1 we have told you about an upcoming change to the course or these terms which you do not agree to (see clause 5.2);
9.2.2 we have told you about an error in the price or description of the course you have booked and you do not wish to proceed;
9.2.3 you have a right to end the contract because of something we have done wrong.
9.3 Exercising your right to change your mind if you are a consumer (Consumer Contracts Regulations 2013). If you are a consumer then for most products and / or services bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.
9.4 How long do consumers have to change their minds? If you are a consumer you have 14 days after the day we email you to confirm your order, this is your cooling-off period. However, if the course begins or takes place during the cooling-off period and you begin or take part in the course you cannot change your mind, even if the cooling-off period is still running.
10.1 Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:
10.1.1 Phone or email. Call us on +44 (0)1274 725138 or email us at email@example.com . Please provide your name, address, details of the order and, where available, your phone number and email address.
10.2 How we will refund you. If you are entitled to a refund under these terms we will refund you the price you paid for the course less any administration fee, by the method you used for payment.
10.3 When your refund will be made. We will make any refunds due to you as soon as possible. If you are a consumer exercising your right to change your mind then your refund will be made within 14 days of your telling us that you have changed your mind.
11.1 We may end the contract if you break it. We may end the contract for a course at any time to you if (for example):
11.1.1 we remove you, or any person booked by you, from the course due to one of the reasons listed in clause 8;
11.1.2 you do not make any payment to us when it is due;
11.1.3 you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the course; or
11.1.4 you do not have the required qualifications for the course.
How to tell us about problems. If you have any questions or complaints about the course, please contact us on +44 (0)1274 725138 or email us firstname.lastname@example.org .
13.1 Where to find the price for the course. The price of the course will be the price indicated on the application pages when you made your application. We take reasonable care to ensure that the price of the course advised to you is correct. However please see clause 13.2 for what happens if we discover an error in the price of the course you apply for.
13.2 What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the courses we provide may be incorrectly priced. Where the course’s correct price at your application date is less than our stated price at your application date, we will refund the difference. If the course’s correct price at your application date is higher than the price stated to you, we will contact you for your instructions. If we accept and process your course application where a pricing error is obvious and unmistakable and could reasonably have been recognised by you as a mispricing, we may end the contract and refund you any sums you have paid.
13.3 When you must pay and how you must pay. We accept payment with all major credit and debit cards, including Mastercard, VISA and American Express. You must pay the full price of the course upon approval of your application. If you are a business or an academic institution and you are placing multiple orders at the same time, you may request a bulk option payment. We will then send you an invoice, which can be paid by the methods set out above or by bank transfer.
13.4 Our right of set-off if you are a business customer. If you are a business customer you must pay all amounts due to us under these terms in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
14.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
14.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the course.
14.3 We are not liable for business losses. If you are a consumer we only supply the course for to you for domestic and private use. If you use the course for any commercial or business purpose our liability to you will be limited as set out in clause 15.
14.4 Nothing in these terms and conditions waives your statutory rights.
15.1 Nothing in these terms shall limit or exclude our liability for:
15.1.1 death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);
15.1.2 fraud or fraudulent misrepresentation;
15.1.3 breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982; or
15.1.4 any matter in respect of which it would be unlawful for us to exclude or restrict liability.
15.2 Except to the extent expressly stated in clause 13 all terms implied by sections 3 to 5 of the Supply of Goods and Services Act 1982 are excluded.
15.3 Subject to clause 15.1:
15.3.1 we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any direct, indirect or consequential loss arising under or in connection with any contract between us; and
15.3.2 our total aggregate liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to 100%) of the total sums paid by you for courses under such contract.
How we will use your personal information. We will only use your personal information as set out in our Fair Use Policy.
17.1 Materials distributed during a course. All intellectual property rights in any materials provided or distributed during a course shall be owned by us.
17.2 Retention of our intellectual property. Participation in the course does not confer any intellectual property rights (by implication or otherwise) on you to use, alter, copy or otherwise deal with any of the symbols, trademarks, logos and/or intellectual property of The Society of Dyers and Colourists or in the materials referred to in clause 17.1.
17.3 Confidential information. In the event that we disclose any confidential information to you, you agree that you shall not at any time disclose to any person any such confidential information except at may be required by law, court order, or any governmental or regulatory authority.
18 Other important terms
18.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will contact you to let you know if we plan to do this.
18.2 You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
18.3 Nobody else has any rights under this contract (except someone you pass your guarantee on to). Save where an employer books a course for employee(s) or an academic institution books a course for a student, this contract is between you and us. No other person shall have any rights to enforce any of its terms.
18.4 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
18.5 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
18.6 Which laws apply to this contract and where you may bring legal proceedings if you are a consumer. These terms are governed by English law and you can bring legal proceedings in respect of the course in the English courts. If you live in Scotland you can bring legal proceedings in respect of the course in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the course in either the Northern Irish or the English courts.
18.7 Which laws apply to this contract and where you may bring legal proceedings if you are a business. If you are a business, any dispute or claim arising out of or in connection with a contract between us or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales and the courts of England and Wales shall have exclusive jurisdiction to settle any such dispute or claim.