REDCLIFFE COLLEGE

TERMS & CONDITIONS FOR E-TRAINING COURSES

The following constitute the terms and conditions to which applicants agree when booking any standard Redcliffe College e-learning courses (“Terms & Conditions”). If you are agreeing to these Terms & Conditions not as an individual but on behalf of your company or other legal entity, then “Customer” or “you” or “your” shall refer to such entity and its affiliates, and you represent that you have the authority to bind such entity and its affiliates to these Terms & Conditions and you are binding your company to these Terms & Conditions. Redcliffe College (as defined in Section 8.1 below) and you shall each be referred to as a “Party” and together as the “Parties” in this Agreement. If you do not have such authority, or if you do not agree with these Terms & Conditions, you must not accept these Terms & Conditions and may not use the documentation, whether printed or available online, provided by Redcliffe College in relation with the training (“Training Material”). Redcliffe College reserves the right to review and update these Terms & conditions periodically at its sole discretion.

BY ACCEPTING THIS AGREEMENT, EITHER BY CLICKING A BOX INDICATING YOUR ACCEPTANCE OR BY EXECUTING AN ORDER FORM THAT REFERENCES THIS AGREEMENT, OR BY USING OR ACCESSING REDCLIFFE COLLEGE TRAINING MATERIAL, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT.

 

  1. BOOKING

 

Standard e-learning courses can be booked via the booking forms available on the Redcliffe College website. When you submit a booking for an online course, your submission represents an offer to Redcliffe College to book you onto the course you selected. Redcliffe College will accept your offer by entering your booking onto the Redcliffe College system and sending you an email confirming that you have been booked together with information on starting your learning.

 

  1. PAYMENT

Training fees can be paid at the point of booking via Stripe’s secure online payment process or bank account transfer. In all cases, payment must be received prior to start of training. If you elect to pay the fees via Stripe, all major credit and debit cards are accepted. A receipt will be sent to you by email from Stripe confirming payment. Stripe will receive the information needed to verify and authorize your payment card and to process your order and is under strict legal and contractual obligations not to disclose this information to third parties. Please note that if you do not provide accurate details (including type of card and number) or if your credit card company does not authorize payment, your application will be deemed void. Redcliffe College will not accept any liability for costs incurred as a result of applications deemed void in this manner.

Sales taxes (VAT, TVA etc.), if any, are charged at the applicable rate depending on the product and/or customer.

You may also purchase in advance training credits that will be applied against any training purchased in the twelve (12) months following the purchase date. The training credits purchased will be valid for twelve months from purchase date and can be used to book e-leaning training courses. At the expiration of the twelve-month period, Redcliffe College will neither refund any fees nor reimburse any other costs if the credits have not been used.

 

  1. YOUR OBLIGATIONS

 

You may not allow anyone else to access the e-training courses via your log-in details. Redcliffe College reserves the right to remove any delegate from a training course whose behaviour is deemed inappropriate by Redcliffe College. In these circumstances, Redcliffe College will neither refund any fees nor reimburse any other costs.

 

  1. LIMITATION OF LIABILITY

Redcliffe College does not accept responsibility for anyone acting as a result of information in, or views expressed on, its training courses including course materials.

Opinions expressed are those of individual trainers and not necessarily those of Redcliffe College. Participants should take professional advice when dealing with specific situations.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, REDCLIFFE COLLEGE SHALL NOT BE LIABLE FOR ANY LOSS OF USE, LOST OR INACCURATE DATA, FAILURE OF SECURITY MECHANISMS, INTERRUPTION OF BUSINESS, COSTS OF DELAY OR ANY INDIRECT, SPECIAL, INCIDENTAL, RELIANCE OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS), REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) STRICT LIABILITY OR OTHERWISE, EVEN IF INFORMED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, REDCLIFFE COLLEGE’S AGGREGATE LIABILITY TO THE OTHER SHALL NOT EXCEED THE AMOUNT ACTUALLY PAID BY YOU TO REDCLIFFE COLLEGE FOR THE TRAINING GIVING RAISE TO A CLAIM.

 

  1. WARRANTY AND DISCLAIMER

Redcliffe College ensures that all our training services are delivered diligently and in a good, workmanlike, timely and professional manner consistent with industry standards. The training services will be performed as described in the individual course material. Redcliffe College shall provide such trainers to present the training course as it, in its sole discretion, deems fit and Redcliffe College shall be entitled at any time to substitute any trainer with any other person who, in Redcliffe College’s sole discretion, it deems suitably qualified to present the relevant course.

Although we aim to offer you the best service possible, we make no promise that the services distributed by Redcliffe College will meet your requirements. We cannot guarantee that the service will be fault free. If a fault occurs with the service you should report it to study@redcliffe.ac.uk and we will attempt to correct the fault as soon as we reasonably can.

Your access to the service may be occasionally restricted to allow for repairs, maintenance and the introduction of new facilities of services. We will attempt to restore the service as soon as we reasonably can.

 

  1. INDEMNIFICATION

Both Parties agree to defend, indemnify, and hold harmless the other Party and its directors, officers and employees from and against any demands, damages, or liabilities (including reasonable attorneys’ fees) arising from a third party claim that the indemnifying Party caused bodily injury (including death) or damaged real or tangible personal property.

 

  1. OWNERSHIP AND INTELLECTUAL PROPERTY RIGHTS

The materials on the Training Websites are protected by our copyright and other intellectual property rights

The materials on Redcliffe’s websites are protected by copyright and other intellectual property rights. This includes, but is not limited to, the design, graphics and text of all printed materials and the audio of all webinars and podcasts.

There may be occasions when we may provide links to third-party websites. We are not responsible in any way for the content of any third party website or for goods and services provided by the operators of such websites.

When you are given access to the Training Material, you are granted a non-exclusive, non-transferable, revocable license to use the Training Material. No Training Material may be copied, reproduced, uploaded, posted, displayed or linked to in any way, in whole or in part, without Redcliffe College’s prior permission. Any such use is strictly prohibited and will constitute an infringement of Redcliffe College’s intellectual property rights.

  1. CANCELLATION AND TRANSFER

Please see our Refund policy.

 

 

 

  1. CONFIDENTIALITY

Except as otherwise set forth in these Terms & Conditions, each party may disclose to the other party certain confidential information under these Terms & Conditions. Each party agrees that all code, inventions, know-how, business, technical and financial information or any information specifically designated as confidential or that would be understood to be confidential or proprietary by a reasonable person disclosed to such party (“Receiving Party”) by the disclosing party (“Disclosing Party“) constitute the confidential property of the Disclosing Party (“Confidential Information“). Any Redcliffe College technology, any commercial terms (including pricing) of these Terms & Conditions and any performance information relating to the products shall be deemed Confidential Information of Redcliffe College without any marking or further designation. Except as expressly authorized herein, the Receiving Party will use (and will ensure that its employees, affiliates, agents, contractors and any approved third parties use) reasonable efforts (which shall be no less than the efforts used to protect its own confidential information of a similar nature) to prevent the disclosure of any Disclosing Party’s Confidential Information for any purpose other than providing the training contemplated by these Terms & Conditions unless authorized by the Disclosing Party. The Receiving Party’s nondisclosure obligation shall not apply to information which the Receiving Party can document: (i) was rightfully in its possession or known to it prior to receipt of the Confidential Information; (ii) is or has become public knowledge through no fault of the Receiving Party; (iii) is rightfully obtained by the Receiving Party from a third party without breach of any confidentiality obligation; or (iv) is independently developed by employees of the Receiving Party who had no access to such information. The Receiving Party may also disclose Confidential Information if so required pursuant to a regulation, law or court order (but only to the minimum extent required to comply with such regulation or order and with advance notice to the Disclosing Party).

  1. MISCELLANEOUS

10.1 Dispute resolution: arbitration.

 

In the event of any controversy or claim arising out of or relating to these Terms & Conditions, the parties hereto shall consult and negotiate with each other and, recognizing their mutual interests, attempt to reach a solution satisfactory to both parties. If the parties do not reach settlement within a period of 60 days, any unresolved controversy or claim arising out of or relating to these Terms & Conditions shall proceed to binding arbitration under the Rules of Arbitration of the International Chamber of Commerce. The parties shall seek to mutually appoint an arbitrator. If the parties cannot agree on a single arbitrator, then there shall be three (3) arbitrators: one selected by each party, and a third selected by the first two. Arbitration will take place in the city where the courts have jurisdiction under the table set forth in Section 10.1. All negotiations and arbitration proceedings pursuant to this Section will be confidential and treated as compromise and settlement negotiations for purposes of all similar rules and codes of evidence of applicable legislation and jurisdictions. The language of the arbitration shall be English.

 

10.2 Contact

Please contact Redcliffe College for any other training questions or requests by emailing: study@redcliffe.ac.uk

 

10.3 Privacy Policy

 

All information provided by you under these Terms & Conditions will be treated in accordance with Redcliffe College’s Privacy Policy.

 

10.4 Force majeure

 

Neither party shall be liable to the other for any delay or failure to perform any obligation under these Terms & Conditions (except for a failure to pay fees) if the delay or failure is due to unforeseen events which are beyond the reasonable control of such party, such as a strike, blockade, war, act of terrorism, riot, natural disaster, failure or diminishment of power or telecommunications or data networks or services, or refusal of a license by a government agency (each a “Force Majeure Event”).

 

10.5 Entire Agreement and severability

 

This Agreement is the entire agreement between you and Redcliffe College relating to the training and supersedes all prior or contemporaneous oral or written communications, proposals and representations with respect to the training or any other subject matter covered by these Terms & Conditions. If any provision of these Terms & Conditions is held to be void, invalid, unenforceable or illegal, the other provisions shall continue in full force and effect.

10.6 Amendments

 

Redcliffe College reserves the right to make changes to these Terms and Conditions from time to time and so you should check the Terms and Conditions regularly. Your continued use of the service will be deemed acceptance of the updated and amended Terms and Conditions. If you do not agree to the changes you should cease using the service.

If there is any conflict between these Terms and Conditions and specific local terms appearing elsewhere on the service, then the latter shall prevail.

10.5 Entire Agreement and severability

 

This Agreement is the entire agreement between you and Redcliffe College relating to the training and supersedes all prior or contemporaneous oral or written communications, proposals and representations with respect to the training or any other subject matter covered by these Terms & Conditions. If any provision of these Terms & Conditions is held to be void, invalid, unenforceable or illegal, the other provisions shall continue in full force and effect.

  1. GOVERNING LAW

These terms are governed by and construed in accordance with the laws of England and Wales and you can bring legal proceedings in the English courts. If you live in Scotland, you can bring legal proceedings in either the Scottish or English courts. If you live in Northern Ireland, you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.