GENERAL TERMS APPLICABLE TO ALL CUSTOMER AGREEMENTS
In this Agreement unless otherwise stated:
(i) "Act" shall mean the Consumer Credit Act 1974 including any amendments or re-enactments or regulations made thereunder;
(ii) "Credit Agreement" shall mean a credit agreement regulated by the Act entered into between you and us;
(iii) "Distance Learning Package" shall mean the course(s) identified and all related Materials, support and tuition where applicable;
(iv) "Materials" shall mean the learning materials and books for the Distance Learning Package or any part of them (and shall include any replacement training materials and books in the event that you transfer Distance Learning Package in accordance with Clause 5);
(v) "Outstanding Balance" shall mean all amounts payable under this Agreement less the amount paid;
(vi) "Support Period" shall mean one year from the date of this Agreement or such other period as we may stipulate in the Materials;
(vii) "Total Amount Payable" shall mean, in the case of payment by instalments, the amount specified as the Total Amount Payable in the Credit Agreement, and, in all other cases, the total amount payable to Certify Training for the Distance Learning Package and the Damage Cover Plan (if any);
(viii) singular words shall include the plural and vice versa; and
(ix) headings are included for convenience only and shall not affect the construction or interpretation of this Agreement.
(i) We agree to sell and you agree to buy the Distance Learning Package for the Total Amount Payable and on the terms set out below.
(ii) Under no circumstances shall we be deemed to have received payment until payment has actually been received by us in full.
(iii) All Payment on this site refers to VAT not added until a purchase is made then VAT is calculated in the customers Shopping Basket.
2. Care of the Materials
(i) We will reserve all the Materials in your name and store them at the Certify Training depot.
(ii) We will release the Materials to you in compact learning units as you progress through the Distance Learning Package to enable you to work systematically through the core material.
(iii) You will inspect each set of
Materials upon delivery. You will
tell us immediately of any omission
in them. Returned material should
be recieved in a re-sellable state
for a refund to take place, Certify
IT has the right to reject any request
for refund if the material has been
used or is non-re-sellable.
(i) During the Support Period, we will provide you with support and tuition as set out in [the Materials].
(ii) If requested, we may at our sole discretion, extend the Support Period for an agreed fee.
(iii) If you are sitting an external examination at the end of your Distance Learning Package, we will provide you with such information as we have in our possession to assist you in making such examination arrangements. In all other respects, you will be solely responsible for making arrangements to enable you to sit the examination and for any and all fees in relation thereto.
(iv) If we, at our sole discretion, assist you in making your examination arrangements by providing you with information about the time and location of local examinations or reserving an examination place for you, you acknowledge and agree that we shall not be responsible for any such arrangements and that you will promptly reimburse us for any booking or reservation fees which we incur on your behalf.
4. Warranties and Limitation of Liability
(i) We warrant that the Materials will be of satisfactory quality but do not warrant that the Materials will be error free.
(ii) We warrant that we will perform any services provided hereunder with reasonable skill and care.
(iii) These warranties are provided in lieu of all other warranties express or implied which are hereby excluded to the fullest extent permitted by law.
(iv) Our liability for direct losses arising out of our negligence (other than in respect of liability for death or personal injury), breach of contract or any other cause of action arising out of or in connection with this Agreement shall be limited to the total price paid for the Distance Learning Package as quoted overleaf.
(v) Other than in respect of liability for death or personal injury arising from our negligence, we shall not be liable for any indirect or consequential loss or damage whatsoever (including without limitation any loss of profits, loss of revenue, loss of opportunity or your liabilities to third parties) which you may suffer arising out of or in connection with this Agreement.
5. Other Terms
(i) No relaxation or indulgence which we may extend to you shall affect our rights under this Agreement.
(ii) If any part of this Agreement is held to be unenforceable the remaining terms and conditions shall continue in force.
(iii) All liabilities or obligations arising under this Agreement shall be enforceable against you after termination of this Agreement.
(iv) You will notify us immediately in writing of any change in the address specified overleaf. Any notices required to be served under this Agreement, or in accordance with the Act will be deemed properly served if sent by way of prepaid first class post to your last known address.
(v) This Agreement shall be governed and construed in accordance with the laws of [Scotland] and you hereby agree to submit to the non-exclusive jurisdiction of the [Scottish Courts].
6. Data Protection
(i) You agree that, in relation to information which we hold on you from time to time, we may:
(a) use your information to provide the Materials to you and otherwise perform our obligations and enforce our rights under this Agreement;
(b) use your information to inform you about our other courses, products or services which may be of interest to you;
(b) share your information with our group companies, [associated companies and third parties] to enable them to inform you about other products or services which may be of interest to you; and
(c) give your information to our overseas group companies (including any group companies outside the European Economic Area) for administration purposes subject to the condition that they will keep the information confidential and secure.
(ii) You have a legal right to receive details of the information we hold about you if you apply in writing to us. A fee of up to £10.00 will be payable.
(iii) You have a legal right to stop us from contacting you, by writing to us.
ADDITIONAL NON CREDIT TERMS
(i) You will submit payment of the price payable by the method you have indicated
(i) According to the Distance Selling Regulations 2000, you have a cooling off period of seven working days from receipt of goods. This period allows an unconditional right to cancel. You will be required to make such a request in writing to Certify Training