ITcertify is a trading name of IT Qualify Ltd. Registered company in England and Wales. Reg number 11641032. 6 Gascoigne Close, London, N17 8BA, UK
These Terms and Conditions are the contract between you and ITcertify (“us”, “we”, “our”, etc.). By visiting or using Our Website, you agree to be bound by them. These Terms and Conditions are based on a set written by IT Certify a trading name of IT Qualify LTD and released under licence. They protect your rights as well as ours. We are: ITcertify, a company registered in England and Wales. You are: Anyone who uses Our Website or purchases Our Products and/or Services Please read this agreement carefully and save it. If you do not agree with it, you should leave Our Website immediately.
DEFINITIONS In this agreement: “Consumer” means an individual acting outside the course of business “Content” means any content in any form published on Our Website by us or any third party with our consent “Continuous Payment Authority” means your written authority for us to take payments from your bank account or credit card for the purpose of paying the Course Fees “Course” means any Course, unit or units of learning you purchase from us “Course Fee/s” means the amount payable by you for the Service or Product “Course Materials” means all material provided by us or course providers to you following your Enrolment, which shall include, but is not limited to: online learning materials – including login passwords; and online mentoring and tutoring “Course Provider” means any of our Course manufacturers who provide our online training courses “Course Rules” means and shall include any rules, regulations, standards, policies, codes, charters and guidelines prescribed as enforced from time to time “Credit Agreement” means a loan contract arranged with our Lending Partner “Enforce” means the Lender resorting to a court of law for an order directing you to pay “Enrolment” means your enrolment in a Course “Enrolment Date” means the date on which we confirm your Enrolment or such other date as determined by us “Guarantee” means the written instrument that sets out the terms of an indemnity “Indemnity” means a Guarantee or undertaking given by ITcertify to its Lending Partner “Intellectual Property Rights” means patents, rights to inventions, copyright and related rights, trademarks, business names and domain names, rights in get up, goodwill and the right to sue for passing off, rights in designs, database rights, rights to use, and protect the confidentiality of, confidential information – including know how, and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world “Interest Free” means that there is no interest cost for credit provided under a Credit ITcertify is a trading name of IT Qualify Ltd. Registered company in England and Wales. Reg number 11641032. 6 Gascoigne Close, London, N17 8BA, UK
Agreement “Learning Portal” means an online gateway to Courses, Resources and other Learning Materials which facilitate e-learning “Lending Partner” means any other lending institution that may be suggested by ITcertify from time to time “Online Learning System” means an internet based system hosted by one of our manufacturers, for delivery and management of the Course and the system may include, but is not limited to, online learning materials, online mentoring and tutoring and online assessments and the IT Certify website “Order” means an offer by you to purchase Products or Services in accordance with these Terms “Our Website” means any website of ours, and includes all web pages controlled by us “Payment Default” means two payments overdue under a Credit Agreement through ITcertify arranged under a credit option to pay for the Course Materials “Post” means display, exhibit, publish, distribute, transmit and/or disclose information, Content and/or other material on to Our Website, and the phrases “Posted” and “Posting” shall be interpreted accordingly “Products or Services” means any of the products or services we offer for sale on Our Website, or, if the context requires, products or services we sell to you “Registration” means your official registration with ITcertify, which is usually the day that the Order is made “Service” means the provision of the Course by us and/or any of our partners “Student” means a single user to any of the Online Learning Systems by a unique username and protected by a user defined password “Terminate” means, in respect of the subject matter where it is referred to, to foreclose a Credit Agreement and demand full payment of all amounts due under it; and also refers to the foreclosure of any contract between you and ITcertify “Terms” means the Terms and Conditions set out in this document
INTERPRETATION In this agreement unless the context otherwise requires: a reference to a person is a reference to one or more individuals, whether or not formally in partnership, or to a corporation, government body, or other association or organisation; these terms and conditions apply to all supplies of products and/or services by us to any customer. They prevail over any terms proposed by you; any agreement by any party not to do or omit to do something includes an obligation not to allow some other person to do or omit to do that same thing; except where stated otherwise, any obligation of any person arising from this agreement may be performed by any other person; in this agreement references to a party include references to a person to whom those rights and obligations are transferred or passed as a result of a merger, division, reconstruction or other re-organisation involving that party; the headings to the paragraphs and schedules (if any) to this agreement do not affect the interpretation; a reference to an act or regulation includes new law of substantially the same intent as that act or regulation; in any indemnity, a reference to costs or expenses shall be construed as including the estimated cost of management time of the indemnified party; these terms and conditions apply in any event to you as a buyer or prospective buyer of our products or services and so far as the context allows, to you as ITcertify a visitor to Our Website; this agreement is made only in the English language. If there is any conflict in meaning between the English language version of this agreement and any version or translation of this agreement in any other language, the English language version shall prevail;
OUR CONTRACT WITH YOU These Terms and Conditions, and the Continuous Payment Authority if applicable, contain the entire agreement between the parties and supersedes all previous agreements and understandings between the parties. Each party acknowledges that, in entering into this agreement, he does not rely on any representation, statement, promise, assurance, warranty, information or document or other term not forming part of this agreement. If you use Our Website in any way and make an order on behalf of another person you warrant that you have full authority to do so and you accept personal responsibility for every act or omission by you. Because we rely on our suppliers, We do not guarantee that products or services advertised on Our Website are available. We may change these terms from time to time. The terms that apply to you are those posted here on Our Website on the day you order products or services. The price of products or services may be changed by us at any time. We will never change a price so as to affect the price charged to you at the time when you buy/bought those products or services. If at any time, you buy products or services from us under any arrangement which does not involve your payment via Our Website; these terms still apply so far as they can be applied. We have the right to revise and amend these Terms and Conditions from time to time. You will be subject to any Privacy Policy in place and the Terms and Conditions in force at the time that you order the products or services from us, unless any change to the Privacy Policy or Terms and Conditions is required by law or government or regulatory authority. In such a case, it will apply to orders that were previously placed but not yet fulfilled.
YOUR OBLIGATIONS You shall: ensure that the Terms of the Order are complete and accurate; cooperate with us in all matters relating to the Service; provide us with such information and material as we may reasonably require in order to supply the Service, and ensure that such information is accurate in all material respects; If the performance of any of Our obligations is prevented or delayed by any act or omission by You or failure by you to perform any relevant obligation – “Default”: we shall, without limiting our other rights or remedies, have the right to suspend performance of the Service until you remedy the Default, and to rely on the Default to relieve us from the performance of any of our obligations to the extent that the Default prevents or delays performance of any obligation; and we shall not be liable for any costs or losses sustained or incurred by you arising directly or indirectly from your failure or delay to perform any of your obligations set out in this clause; and You shall reimburse us on written demand for any costs or losses sustained or incurred by Us arising directly or indirectly from any Default.
ACCEPTANCE OF YOUR ORDER Your order is an offer to buy from us. Nothing said or done by us is an acceptance of an order until we confirm acceptance in writing, referring to the order. A quotation shall be valid for a period of fourteen (14) calendar days from the date of issue, unless we notify you in writing that we have withdrawn it during this period. We shall accept your order at ITcertify by e-mail confirmation. That is when our contract is made. Our message will also confirm details of your purchase and the related information for delivery of the products or services. You confirm that you are solely responsible for ensuring that you possess the necessary skills and experience required to enrol in a specific Course and that you will comply with the Course Rules. If we do not have all of the products or services you order in stock, we will offer you alternatives. If this happens you may: accept the alternatives we offer; cancel all or part of your order. Your Enrolment Date is the date your Online Learning System login details are issued to you. Your Enrolment will be limited to the period specified for your Course or training package; commencing on the Enrolment Date.
EXTENSIONS Extensions to your Enrolment are available on most individual courses for an additional fee. Extensions on Practical Experience Programme bundles or other bundles which have been reduced will need to be purchased again and cannot be extended. You confirm that you understand any and all pre-requisite skills or experience applicable to your proposed Course and examination. You acknowledge and agree that your Enrolment and continued participation in a Course is subject to you complying and continuing to comply with the Course Rules.
PRICE AND PAYMENT The price payable for the products or services that you order is clearly set out on Our Website. Payment for all Courses must be made in advance by credit card or debit card, or in accordance with the Continuous Payment Authority. We accept payment via PayPal. The Course Fees will be as set out in the quotation provided by Us to You. If we have not, for any reason, provided you with a quotation or the quotation has expired, the Course Fees will be determined by the price list in force at the time. Prices may change at any time, but price changes will not affect any orders that have been confirmed by Us in writing. It is possible that the price may have increased from that posted on Our Website. If that happens, we will not despatch the products or services until you have confirmed that you wish to buy at the new price. Bank charges by the receiving bank on payments to us will be borne by us. All other charges relating to payment in a currency other than pounds Sterling (£) will be borne by you. Any information given by us in relation to exchange rates are approximate only and may vary from time to time. If, by mistake, we have under-priced products or services, we will not be liable to supply those products or services to you at the stated price, provided that we notify you before we dispatch it to you. If we owe you money (for any reason), we will credit you/provide a refund as soon as reasonably practicable but in any event no later than fourteen (14) days from the date when we accept that repayment is due When products or services are purchased in packages which include examinations, and there is any form of financing agreement in place with ITcertify or any of Our Lending Partners, full payment must be completed prior to exam bookings being made or authorised. Without limiting any other remedies or rights that we may have, if you do not pay us on time: we will charge an unpaid instalment fee of £30 for each missed instalment; we may cancel the Continuous Payment Authority and require you to pay any outstanding balance in full; or terminate this agreement by giving you written notice and requiring you to pay all outstanding amounts owing to us within fourteen (14) days of being notified of such in writing. Should you have a payment dispute, please contact [email protected] promptly and provide all relevant details relating to your dispute. Clause 3 and Clause 11 (including all sub-points) of this paragraph shall not apply for the period of the dispute if you dispute the payment owing in good faith and let us know promptly after receiving an invoice that you dispute it. Subject to any exception stated or outlined in these Terms and Conditions or in any product or service listing, Course Fees cover all ITcertify course Materials. Upon termination of this agreement for any reason: You shall immediately pay us all outstanding invoices and interest. In respect of a product or service supplied but for which no invoice has been submitted, we shall submit an invoice which shall be payable by you immediately on receipt; and You shall return all Course Materials which have not been fully paid for; and The accrued rights, remedies, obligations and liabilities of the parties as at the expiry or termination shall be unaffected, including the right to claim damages which existed at or before the date of termination or expiry; and Clauses which expressly or by implication survive termination shall continue in full force and effect.
CREDIT OPTIONS ITcertify provides you with the option to pay your Course Fees by fixed and equal monthly instalments under an Interest Free Credit Agreement. This credit will be extended to you at an interest rate of 0% over an agreed term of normally no longer than 6 months. Longer term credit can be provided through Lending Partners. If you wish to apply for the longer term credit option, please contact us on [email protected] to discuss an introduction to one of our Lending Partners. The Terms and Conditions of this contract, which concern the provision of the Course Materials and Service, are separate from those contained in the Credit Agreement. If you choose to proceed with the credit option and you have signed the Credit Agreement, you will then have fourteen (14) days to change your mind and withdraw from the Credit Agreement. In the event that you decide to withdraw from the Credit Agreement, you will then need to make payment using an alternative method. Payment via a Credit Agreement will not affect the Terms and Conditions that form this contract. Any failed monthly instalment relating to a Credit Agreement will incur a charge of £30. We reserve the right to withdraw access to interest free payments and demand payment in full at any time. In the event of extended failure to pay, we will refer the debt to a third party debt collection agency, who may then add additional fees and charges. If you are a Student and finding it difficult to maintain your payments, please contact your Account Manager on (0208 9355 179). We will strive to offer you a debt counselling option, which may include a settlement option or extended monthly repayments. We reserve the right to deal with such on a case-by-case basis.
SECURITY OF YOUR CREDIT CARD We take care to make Our Website safe for you to use. Card payments are not processed through pages controlled by us. We use one or more online payment service providers who will encrypt your card or bank account details in a secure environment. Online payments for purchases made directly through Our Website are handled via PayPal. These organisations comply with all required laws, regulations and correct procedures.
CANCELLATION AND REFUNDS This and the following paragraph apply if you buy as a consumer as defined in the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (the “Regulations”). Provided the Regulations apply to the transaction concerned, then the following terms apply to the contract. We now inform you that information relating to all aspects of our products or services is not in this document but in our marketing material, whether that is in the medium of Our Website or in hard copy. The following rules apply to cancellation of your order: Firstly, any cancellation request must be made to us via email to [email protected]. Cancellation via any other medium will not be accepted. If you have ordered products or services, but not received them, you may cancel your order without giving a reason, at any time within fourteen (14) days of your order. You will have no obligation and we will return all of your money. If you have ordered products or services, have received them and have not logged in you may cancel your order without giving a reason, at any time within fourteen (14) days of your order. You will have no obligation and we will return all of your money. If you have paid via an instalment plan the first payment will not be refundable. If you have ordered products or services, have received them and have accessed the account ie logged in, you void your right to cancel within fourteen (14) days of your order. You will be legally liable for the full amount of the training whether having paid in one lump sum or via instalments. We cannot process any cancellations once the fourteen (14) day cancellation period has expired.
LIABILITY FOR DEFECTS Please examine the products or services received from us immediately upon receiving them. Should you discover a defect, fault or technical issue relating to our products or services or the Online Learning System/Learning Portal, please report this to [email protected] and include all relevant details. We will attempt to resolve such problems without undue delay. You agree to provide us with such diagnostic information as we may reasonably require in order to resolve the issue. Before reporting a defect, fault or technical issue relating to our products or services, please carefully re-read the provided instructions to ensure that you have followed the correct procedure. Please carefully check the stated technical requirements on Our Website for our products and services before placing an order. Failure to do so will not constitute a defect, fault or technical issue. When a defect, fault or technical issue is confirmed, we will provide this information to the relevant party for rectification without undue delay. If any defect, fault or technical issue is found, we shall: ensure rectification, where applicable; provide the information to the relevant party for rectification, where applicable. We will only provide a defect related refund should the following conditions apply: the products or services are defective to the point of being unfit for purpose. the products or services are proven to be of unsatisfactory quality. Whilst we make reasonable efforts to ensure the accuracy of Course Materials, we do not represent, warrant or guarantee that the Course Materials will be error free. You expressly acknowledge and agree that due to the rapidly evolving nature of information technology, Course Materials may become outdated and/or incorrect at any time. For the avoidance of doubt, we will not refund Course Fees on the basis that Course Materials are not error free, accurate and/or up to date. We shall have no responsibility or liability to you for your inability to access the Online Learning System/Learning Portal due to issues beyond our control, such as the speed of your modem (or other connection devices used), your use of third party security software or firewall/proxy servers, or the performance levels of your internet service provider. We will reasonably endeavour to ensure that whilst you are enrolled on a Course, the Course Materials will be available to you via the Online Learning System/Learning Portal on an uninterrupted basis save for: unavailability due to our scheduled maintenance of the Online Learning System/Learning Portal; or additional downtime measured on a monthly basis not exceeding 3% of all other time during that month; or an even outside of Our control.
DELIVERY OF PRODUCTS AND SERVICES Products or services are delivered within a maximum of 3-5 days from the day you place an order to purchase the products or services. Delivery of login details will be made to the email address stipulated in your order. You must ensure that the email address provided is correct. If we are not able to deliver your products or services within 3-5 days of the date of your order, we shall notify you by e-mail to arrange another date for delivery. We may deliver the products or services in instalments if they are not all available at the same time for delivery. Products or services are sent at your own risk and we will not be held liable should incorrect delivery details be provided to us. If we agree with you to deliver on a particular day or at a particular time, we will do our best to comply. But no time given is to be treated as contractual. So we are not liable to you for any expense or inconvenience you incur on account of delayed delivery or non-delivery. Some products or services are hosted on external sites such as Practice Labs UK and we cannot be held liable for any delays or issues caused by circumstances out of our direct control. Time for delivery specified on the order, if any, is an estimate only and time shall not be of the essence. We have the right to make any change to the Service which is necessary to comply with any applicable law or which does not materially affect the nature or quality of the Service. We cannot supply equipment, computers, aids or software for a Student with a disability; or for any other Student. However, we will endeavour to supply any information a Student requires in terms of examination bookings and special needs. Unless expressly stated, Course Materials and Course Fees do not include personal stationery, special materials, texts or any other study related material that you may elect to purchase. The mode of assessment varies between Courses and between training providers and may include online assessments and/or submission of written assessments – or any combination thereof. We reserve the right to change the mode of assessment applicable to any Course at any time, including after your Enrolment. We will however, where practical, give you reasonable notice of any change to the mode of assessment. You are entirely responsible for any costs and expenses related to accessing and/or running the Course Material on any computer system. We strongly recommend that before enrolling on any Course, you confirm the compatibility of your computer system with the published specifications for Course Materials for that Course.
IT PACKAGES INCLUSIVE OF EXAMINATIONS AND RESIT FEES Upon purchasing an IT Certify package, you are enrolled into a 6, 12 month subscription. If you have purchased an ITcertify package and opted to include examination fees in your purchase price, you must take any examinations, including any necessary resits, within the original agreed student license period of 6 or 12 months from the initial Enrolment Date; unless otherwise agreed at the time of Enrolment. For the avoidance of doubt, you will not be able to request a refund of the examination fees outside of your legal Consumer Rights and the Terms set out here relating to such. For the avoidance of doubt, Exam vouchers are only released once all prior steps have been completed and not beforehand. Exam vouchers will be released once two Mock Test have been passed for the relating exam with a minimum pass mark of 85%. Mock Tests require 48 hours to be released. Mock Test Feedback requires a minimum of 48 hours to be released. For the avoidance of doubt for our Practical Experience Programmes exam vouchers will only be released once all prior seven courses included have been completed and once two Mock Test have been passed for the relating exam with a minimum pass mark of 85%. If you have purchased a course or course bundle with exams included and are paying for your course through instalments, you will not be able to book your exam/s until your full balance is paid. If you have purchased a course or course bundle with exams included, exams must be taken within 6 or 12 months from the date we email your course activation code depending on the length of access given. The email containing your course activation code will clearly state when you must take your exams by. Exams cannot be booked after this period. For the avoidance of doubt, the 6 or 12 month expiration period will begin when you activate your course login. For the avoidance of doubt, you will not be able to request multiple vouchers – we will only supply one voucher for a single exam in a series. Any terms and/or conditions set by Cisco, CompTIA, Microsoft and/or any other vendor, in respect of their examination guidelines, are also applicable. It is your responsibility to understand and adhere to those terms and/or conditions. In order to book an examination, and only where you have purchased the Course with examination costs included in your Course Fees, you must ensure that all payments to IT Certify and/or any authorised Lending Partner, are paid in full. If your account is in arrears or has not yet been paid in full, you will not be able to book your examination. Examination fees are charged at the price applicable at the time of your original order. In instances where an examination body increases the cost of the exam prior to you booking your exam, you will then be liable for any difference in this cost. Any difference in cost must be paid in full before you will be able to book your examination.
TRANSFERRING AND EXCHANGING COURSES If you purchase the Course as a Student, your Enrolment in a Course is personal to you and you may not transfer the Course to any other person. If you have purchased a Course on behalf of your company or organisation, and have provided that company’s/organisation’s details to us, we may, at our discretion, transfer your Enrolment/s to other people within your company/organisation only. Please contact us on [email protected] if you wish us to consider such a transfer. We may at any time assign, transfer or deal in any other manner with all or any rights under this agreement and may subcontract or delegate in any manner any or all of Our obligations to any third party or agent. We, at Our sole and absolute discretion, may allow you to apply your Course Fees as a credit against any other Course offered by Us, provided that all of the following conditions are satisfied: you notify us within seven (7) business days from your Enrolment Date of your desire to transfer to an alternative Course; the Course Fee for the alternative Course is equal to, or less than, the original Course Fee, or you agree to pay Us the difference where the Course Fee for the alternative Course is higher than the original Course Fee; you consent to us disabling your login details to preclude continued access to any online training Course Materials in respect of the original Course; you agree and warrant that you have not made any copies of the Course Materials or reproduced them in any way; and you agree and warrant that you have destroyed any Course Materials which you downloaded onto your computer system, or any other such device, as well as destroyed any hard copies of Course Materials that you have gained through the original Course.
FOREIGN TAXES AND DUTIES If you are not in the UK, we have no knowledge of, and no responsibility for, the laws in your country. You are responsible for purchasing products or services which you are lawfully able to and for the payment of import duties and taxes of any kind that may, or may not, be levied in your country.
PRODUCTS OR SERVICES RETURNED These provisions apply if you buy from us other than being a Student. All points, conditions and procedures referred to in Paragraph 7 apply equally to the cancellation and/or return of products and services purchased from Us by businesses and organisations. This includes, but is not limited to, products and services purchased as corporate training materials. Before you return the products or services to us, please carefully re-read the instructions and check that you have logged in correctly and complied with any and all provisions relating to the usage requirements.
DISCLAIMERS The law differs from one country to another. This paragraph applies to sales throughout the EU. All implied conditions, warranties and terms are excluded from this agreement. If in any jurisdiction an implied condition, warrant or term cannot be excluded, then this sub paragraph shall be deemed to be reduced in effect, only to the extent necessary to release that specific condition, warranty or term. We make no representation or warranty for: any implied warranty or condition as to merchantability or fitness of the products or services for a particular purpose; the adequacy or appropriateness of the products or services for your purpose. We claim no expert knowledge in any subject. We disclaim any obligation or liability to you arising directly or indirectly from information you take from Our Website. You agree that in any circumstances when we may become liable to you, the limit of our liability is the amount you have paid us in the immediately preceding 12 month period for the specific products or services concerned. We shall not be liable to you for any loss or expense which is: an indirect or consequential loss; or an economic loss or other loss of turnover, profits, business or goodwill, even if such loss was reasonably foreseeable or we knew you might incur it. This paragraph (and any other paragraph which excludes or restricts our liability) applies to our directors, officers, employees, subcontractors, agents, partners and affiliated companies (who may enforce this provision under the Contracts (Rights of Third Parties) Act 1999 / Contracts (Rights of Third Parties) (Scotland) Act 2017, as well as to us. If you become aware of any breach of any term of this agreement by any person, please contact us on [email protected] and provide us with all details relating to the breach. We welcome your input but do not guarantee to agree with your judgement. We will do all we can to maintain access to Our Website, but it may be necessary for us to suspend all or part of our service for repairs, maintenance or other good reasons. We may do so without telling you first. Nothing in this agreement excludes liability for a party’s fraud.
YOUR ACCOUNT WITH US You agree that you have provided, and will continue to provide, accurate, up to date, and complete information about yourself. We need this information to provide you with the requested products or services. If you use Our Website, or any associated Learning Portals, you are responsible for maintaining the confidentiality of your account and password and for preventing any unauthorised person from using your account. You agree to accept responsibility for all activities that occur under your account or password. You should tell us immediately if you believe someone has accessed your account without your authority and also login to your account and change your password.
HOW WE HANDLE YOUR ACCOUNT CONTENT AND PERSONAL DATA Our privacy policy is strong and precise. It complies fully with current UK law incorporating the General Data Protection Regulation (GDPR). You now irrevocably authorise us to publish your feedback, comments and ratings as posted on any review sites including, but not limited to, FEEFO, Trustpilot, Reed and Google. This is done in the context of testimonials. You understand that should you provide information or personal data relating to a third party, you are personally responsible for this data. Should this constitute any form of breach of the third party’s rights or of any laws, you will be liable for any legal recourse, relating to any law, which may arise from this breach. We cannot take responsibility for the accuracy or legitimacy of any information provided to us by any user of this site. Please notify us of any security breach, unauthorised use of your account or unauthorised provision of personal data. To report a breach of any kind, please contact us on [email protected] Personal data is only retained for as long as required to provide the requested products or services.
REMOVAL OF OFFENSIVE CONTENT For the avoidance of doubt, this section is addressed to any person who visits or uses Our Website for any purpose. We are under no obligation to monitor or record the activity of any Student or visitor for any purpose; nor do we assume any responsibility to monitor or police any Internet-related activities. However, we may do so without notice to you and without giving you a reason. If you are offended by any Content, the following procedure applies: Your claim or complaint must be submitted to us at [email protected] and include all information relevant to the complaint; after we receive notice of a claim or complaint, we shall investigate so far as we alone decide; should we decide that the claim or complaint is justified and that we agree with your judgement, we shall remove the offending Content as soon as we are reasonably able; the decision on whether or not to remove content from Our Website is solely ours; unless it contravenes any laws or official regulations. We reserve the right to re-instate the Content about which you have complained if it was removed but becomes necessary to re-instate. In respect of any complaint made by you or any person on your behalf, whether correctly reported or not, you now irrevocably grant to us a licence to publish the complaint and all ensuing correspondence and communication, without limit. You now agree that if any complaint is made by you frivolously or vexatiously you will repay us the cost of our investigation including legal fees, if any.
SECURITY OF OUR WEBSITE If you violate Our Website we shall take legal action against you. You now agree that you will not, and will not allow any other person to: modify, copy, or cause damage or unintended effect to any portion of Our Website, or any software used within it; link to Our Website in any way that would cause the appearance or presentation of the site to be different from what would be seen by a user who accessed the site by typing the URL into a standard browser; download any part of Our Website, without our express written consent; collect or use any product listings, descriptions, or prices for any purposes other than those intended by Us; collect or use any information obtained from or about Our Website or the Content except as intended by this agreement; aggregate, copy or duplicate in any manner any of the Content or information available from Our Website, other than as permitted by this agreement or as is reasonably necessary for your use of Our Website; share with a third party any login credentials to Our Website; Despite the above terms, we now grant a licence to you to: create a hyperlink to Our Website for the purpose of promoting an interest common to both of us. You can do this without specific permission. This licence is conditional upon your not portraying us or any product or service in a false, misleading, derogatory, or otherwise offensive manner. You may not use any logo or other proprietary graphic or trademark of ours as part of the link without our express written consent.
INDEMNITY You agree to indemnify us against all costs, claims and expense arising directly or indirectly from: your failure to comply with the law of any country; your breach of this agreement; any act, neglect or default by any agent, employee, licensee or customer of yours; a contractual claim arising from your use of the products or services; a breach of the intellectual property rights of any person.
LIMITATION OF LIABILITY Nothing in these Terms and Conditions shall limit or exclude ITcertify liability for: death or personal injury caused by its negligence, or the negligence of its employees, agents, representatives or subcontractors; fraud or fraudulent misrepresentation; or breach of the terms implied by Section 2 of the Supply of Goods and Services Act 1982 – Title and Quiet Possession. ITcertify shall under no circumstances whatsoever be liable to you, whether in contract, tort – including negligence, breach of statutory duty – or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with the Terms and Conditions. ITcertify’s total liability to you in respect of all other losses arising under or in connection with the Terms and Conditions, whether in contract, tort – including negligence, breach of statutory duty, or otherwise – shall in no circumstances exceed the value of the Course Fees paid by You. The terms implied by Sections 3 to 5 of the Supply of Goods and Services Act 1982 are, to the fullest extent permitted by law, excluded from the Contract.
EVENTS OUTSIDE OUR CONTROL For the purpose of the Terms and Conditions, Force Majeure Event means an event beyond the reasonable control of ITcertify including, but not limited to, strikes, lockouts or other industrial disputes – whether involving the workforce of the Supplier or any other party, failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of Suppliers or subcontractors. We shall not be liable to you as a result of any delay or failure to perform its obligations under the Terms and Conditions as a result of a Force Majeure Event. If the Force Majeure Event prevents Us from providing any product or service, We shall, without limiting Our other rights or remedies, have the right to terminate these Terms and Conditions immediately by providing You with written notice.
INTELLECTUAL PROPERTY All Intellectual Property Rights in, or arising out of or in connection with, the Service shall be owned by ITcertify. We will defend the intellectual property rights in connection with our products or services and Our Website, including copyright in the Content whether provided by us or by any other content provider (including copyright in: text, graphics, logos, icons, images, audio clips, videos, digital downloads, data, and software). All Course Materials are protected by copyright and are intended only for your individual learning purposes. The Course Materials provided to you may contain licence agreements from parties aside from Us. Your Enrolment is subject to your compliance with any applicable licence agreements. Except as set out below, you may not copy, modify, publish, broadcast, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content or any of the Course Materials, in whole or in part. However, you may: retrieve and display the Course Materials and content from the Learning Portal on your computer screen; and print one copy of the Course Materials – but not copy or share them in any manner; and store the Course Materials in electronic form – but not on any server or other storage device which is connected to a network. You will be responsible for making good any loss We suffer if you use or copy the Course Materials, other than in accordance with these Terms and Conditions. You may not use our name or logos or trademarks or any other Content on any website of yours or that of any other person, without our express written permission. Subject to the other terms of this agreement, you may download permissible Content only for your own personal use, provided that you maintain all copyright and other notices contained in it. You may not store electronically any significant portion of any Content.
CONFIDENTIALITY A party – “receiving party” – shall keep in strict confidence all technical and/or commercial know how, specifications, inventions, processes or initiatives which are of a confidential nature and have been disclosed to the receiving party by the other party – “disclosing party” – or its employees, agents, representatives or subcontractors, and any other confidential information concerning the disclosing party’s business, its products and its services which the receiving party may obtain. The receiving party shall only disclose such confidential information to those of its employees, agents, representatives or subcontractors who need to know it for the purpose of discharging the receiving party’s obligations under the Terms and Conditions, and shall ensure that such employees, agents, representatives and subcontractors comply with the obligations set out in these clauses as though they were a party to the Terms and Conditions.. The receiving party may also disclose such of the disclosing party’s confidential information as is required to be disclosed by law, any governmental or regulatory authority or by a court of competent jurisdiction.
DISPUTE RESOLUTION In this paragraph the term “ADR Provider” means an approved body under the Alternative Dispute Resolution for Consumer Dispute Regulations 2015. The following terms apply in the event of a dispute between the parties: If you are not happy with our services or have any complaint then you must contact us on [email protected] If a dispute is not settled as set out above, we hope you will agree to attempt to resolve it by engaging in good faith with us in a process of mediation or arbitration. We can propose an ADR Provider or will listen to your proposal. If you are in any way concerned, you should read the regulations at: http://ec.europa.eu/consumers/odr/.
MISCELLANEOUS MATTERS When we communicate with you we do so through various channels (e.g. telephonic, email, online chat, etc.). You agree that these communications are all contractually binding in the same way as properly signed and dated paper sent by post. Where we ITcertify provide products or services without specific charge to you, then it (or they) is deemed to be provided free of charge, and not to be associated with any other products or services for which a charge is made. Accordingly, there is neither contractual nor other obligation upon us in respect of those products or services. If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms. The rights and obligations of the parties set out in this agreement shall pass to any permitted successor in title. No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future. Any communication to be served on either party by the other shall be delivered by hand or sent by first class post or recorded delivery or commercial courier or by e-mail. It shall be deemed to have been delivered: if delivered by hand: on the day of delivery; if sent by post to the correct address: within 72 hours of posting; if sent by courier: on the date and at the time that the courier’s delivery receipt is signed; if sent by e-mail to the address from which the receiving party has last sent e-mail: within 48 hours if no notice of non-receipt has been received by the sender. This agreement does not give any right to any third party under the Contracts (Rights of Third Parties) Act 1999 / Contracts (Rights of Third Parties) (Scotland) Act 2017 or otherwise. A person who is not a party to the Terms and Conditions shall not have any rights to enforce its terms. Neither party shall be liable for any failure or delay in performance of this agreement which is caused by circumstances beyond his reasonable control, including any labour dispute between a party and its employees. In the event of any conflict between any term of this agreement and the provisions of the articles of a limited company or any comparable document intended to regulate any other corporate or collective body, then the terms of this agreement shall prevail. The validity, construction and performance of this agreement shall be governed by the laws of England and Wales and you agree that any dispute arising from it shall be litigated only in that country. Except as set out in these Terms and Conditions, no variation, including the introduction of any additional terms and conditions, shall be considered to be effective unless agreed in writing and signed by Us. Severability – If any provision or part provision of the Terms and Conditions is, or becomes, invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part provision shall be deemed deleted. Any modification to or deletion of a provision or part provision under this clause shall not affect the validity and enforceability of the rest of the Terms and Conditions.
GOVERNING LAW AND JURISDICTION These Terms and Conditions, and any dispute or claim arising out of, or in connection with, it or its subject matter or formation – including non-contractual disputes and/or claims – shall be governed by, and construed in accordance with, the Law of England and Wales.
Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of, or in connection with, this ITcertify Contract or its subject matter or formation – including non-contractual disputes and/or claims.
Notice of right of cancellation: Right to Cancel and Cancellation Form Information about your statutory right to cancel Your right to cancel
Under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, you have the right to cancel this contract within fourteen (14) days without giving any reason. The cancellation period will expire fourteen (14) days after the contract was made. That means you can cancel before you have downloaded the product or we have delivered it to you. How to cancel
To meet the cancellation deadline, it is enough for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired. To exercise the right to cancel, you must inform us of your decision to cancel this contract by a clear statement, sent to us by post or e-mail.
