Parties
“SEK Training” means Social Enterprise Kent CIC who will provide the Course. Registered in England number 01937728. Registered Office address: Ashford Business Point, Sevington, Ashford, Kent, TN24 0LH.
In these Terms & Conditions “we” means Social Enterprise Kent and “our” and “us” shall have the corresponding meaning; “you” shall mean you the customer and “your” shall have the corresponding meaning.
1. Definitions
1.1 In these Terms and Conditions (“Terms”) unless specified, the following words shall have the following meanings:
“Assessor” means who the support will be provided by on behalf on SEK Training.
“Brochure” means brochure of Courses published us from time to time;
“Consumer Cancellation Period” means the period up until the relevant Course is delivered (which shall for this purpose be defined as access by you to the Materials or the Online Learning Environment) or the end of fourteen (14) calendar days from the date of purchase, whichever is shorter;
“Course” means a course identified in an Order and consists of associated learning guides, tuition, support services and access to online materials;
“Course Start Date” means the date of commencement of the Course.
“eLearning and/or ePortfolio” means the accounts in which you will use to view the Course(s) and submit completed work.
“Intellectual Property Rights” means patents, designs, trademarks, service marks, trade names, logos, get-up, domain names, copyright (including rights in computer software),database rights, rights in performances, moral rights, confidential information and know-how, whether registered or not including applications for registration and all similar forms of protection anywhere in the world;
“Third Party Content” means content owned by third parties to which we may signpost Students towards including but not limited to websites, blog posts, social media, documents, videos, podcasts, quotes, potential names/trademarks;
“Materials” means items associated with the Course either issued at the commencement of the course or at a later stage;
“Order” means an order submitted by you to us to procure a Course for you from the Training Provider;
“Price” means the price of the Course, including carriage, packaging and VAT and confirmed in writing;
“Site” means our website.
2. General
2.1 These Terms (together with the documents referred to in it) set out the Terms & Conditions on which we agree to supply you with any Course(s) ordered by you by telephone, email, post or website. You should understand that by ordering any of our Course(s) you agree to be bound by these Terms. You should retain a copy of these Terms for future reference.
2.2 By placing an Order you warrant that you are legally capable of entering into binding contracts and you are at least 18 years old.
2.3 You agree to be entirely responsible for any activities made using your account details and password. In this respect, you shall ensure that any password you choose, to access eLearning and/or Ecordia, remains confidential at all times. In the event that you either lose your password or account details or become aware that a third party may have access to or is using your password or account details, you shall notify us immediately.
2.4 You should ensure that any information you provide to us (including without limitation your name, address and bank details) is complete, accurate and current and that you notify us immediately of any changes in the details with which you registered to purchase Course(s).
2.5 We reserve the right to (a) suspend or terminate access to eLearning and/or Ecordia and/or cease to provide the Services where you are in breach of these Terms; (b) delete, vary or change any content in the Brochure or Site at any time; and (c) terminate or cancel Orders (although we will not charge you for any Orders which we cancel for reasons which are not due to your default).
3. Payments
3.1 The Price for the Course must be paid in full prior to the Course Start Date, or as otherwise defined in the Order.
3.2 If you fail to make payments on time as defined in the Order, we will suspend the Services and eLearning and/or ePortfolio until appropriate payment has been received.
3.3 The Price for the Course is payable by you prior to delivery, and shall be payable by you in full by credit/debit card or by you entering into a Credit Agreement.
3.4 Prices are liable to change at any time, but changes will not affect Orders already accepted in accordance with Clause 4.
4. Order and Delivery of the Course
4.1 An Order shall be deemed to be an offer by you to purchase the Course on these Terms, which we shall be free to accept or decline at our absolute discretion.
4.2 No Order relating to a Course shall be deemed to be accepted by us unless and until we have confirmed acceptance of your Order by procuring that we will release the Course or any part of the Materials relating to this Course to you.
4.3 If applicable, access to Course(s) is dependent on the Course(s) you Order. Should a Course be unavailable, we will notify you as soon as possible.
4.4 The contract between us will relate only to those Courses we have confirmed in accordance with clause 4.2.
4.5 Where necessary we will provide the Materials and Software comprised in a “Course” to you all together. However, we reserve the right to provide you the Materials in instalments depending upon availability.
4.6 The Materials and Software (if applicable) may be sent by email to the email address provided to us. eLearning and/or ePortfolio accounts will be granted and login details will be sent to the last email address provided to us. Proof of delivery of Materials, or login details (or use of eLearning and/or ePortfolio) will bind you to these Terms.
4.8 Except in the case of a clear defect in the Course(s) (or any part thereof), you will be deemed to have accepted the Course if you do not notify us within fourteen (14) calendar days upon receiving that you wish to cancel or are returning the Materials (or any part thereof). Nothing in these Terms shall affect your statutory rights as a consumer.
4.9 When you return the Materials to us:
(a) Without prejudice to your rights under clause 11.1, because you have cancelled the Order within the period mentioned therein, we will process the refund due to you as soon as possible and, in any case, within fourteen (14) days of receiving confirmation from us that your cancellation request has been received. In this case, we will refund the Price of the Course minus any costs as described in Clause 11.4 (if applicable). You will not have the right to cancel your Order, by giving written notice of cancellation, if the Materials have been used and/or defaced and/or Software has been supplied and the supplier’s seal has been broken by you (unless the Software is deemed to be defective).
(b) Because the Materials are defective, we will examine the returned Materials and, if satisfied they are defective, notify you of replacement via e-mail within a reasonable period of time. Should you request to cancel the Course, we will usually process the refund due to you as soon as possible and, in any case, within fourteen (14) days of the day we confirmed to you that you were entitled to a replacement for the defective Materials. Where possible we will refund any money received from you using the same method originally used by you to pay for your purchase.
5. Services
5.1 By accepting these Terms, you also agree to the provision of our Services set out in this Clause 5.
5.2 We may sub-contract our obligations under these Terms (including without limitation the provision of the Assessor) to any other party. The sub-contracting by us of any of our obligations under these Terms shall not in any way relieve us of our liabilities and obligations to you.
5.3 The Services include support, assignment marking and are available for until you complete the Course.
5.4 In addition to your rights under the Consumer Contracts Regulation 2014, we also offer the following transfer policy for the Course (where there is no legal right to a full refund under the Consumer Contracts Regulation 2014 or otherwise). Where applicable, in exceptional circumstances students may be able to transfer to an alternative Assessor or Course. Transfers will be at the discretion of SEK Training. In the event that you are transferred to another Assessor or a different Course, you may be required to pay a fee for the additional tutoring period required and any difference in course fees.
6. eLearning and/or ePortfolio
6.1 As part of your course you may need to log on to eLearning and/or ePortfolio to access Materials and complete your Course. Whilst doing so you agree to abide by the rules set out therein from time to time. We reserve the right to cease or suspend access to the eLearning and/or ePortfolio in the event that you breach any of these Terms or the rules of the eLearning and/or ePortfolio.
6.2 You agree to be entirely responsible for any activities made using your account details or password. If you become aware that a third party may have gained access or is using your details for the eLearning and/or ePortfolio you shall notify us immediately.
6.3 We do not warrant that the eLearning and/or ePortfolio will be uninterrupted or error-free or that defects therein will be corrected.
7. Intellectual Property Rights
7.1 The Intellectual Property Rights in the Course(s), Materials and eLearning and ePortfolio are owned by and shall remain vested in SEK Training or its licensors.
7.2 Save as expressly stated in these Terms, you shall not acquire any interest in any of the Intellectual Property Rights in the Courses, Materials, eLearning, and ePortfolio. You agree that you will not rent, lease, sub-license, loan, copy, modify, adapt, translate, reverse engineer, decompile, disassemble or create derivative works based on the whole or any part of the Course(s) or use (other than as permitted under these Terms) reproduce or deal in the Course(s) or any part thereof in any way.
7.4 By agreeing to these Terms we procure that we grant you a limited, non-exclusive, non-transferable and revocable licence to use the Course only for your own personal use and for completing the Course.
7.5 Where eLearning and/or ePortfolio access is granted by the SEK Training you agree that: (a) the licence granted to you to access the content on eLearning and/or ePortfolio shall be personal to you and you should take all reasonable precautions to ensure that your log-in details are kept secure and not provided to any other party. You shall comply at all times with the rules of the eLearning and/or ePortfolio as applicable from time to time; (b) upon termination or in circumstances where payment has not been received by us in respect of the Course in full we may suspend or terminate your access.
8. Third Party Content
8.1 During the course we may signpost you to Third Party content. This means you may leave our Site and visit a website that is not operated by us. We are not responsible for the content or availability of linked sites.
8.2 In instances where we provide links to other
8.3 We are not responsible for the content of linked
8.4 The security and privacy policies on these sites may be different to our policies, so we suggest you read third party privacy and security policies closely.
8.5 If you have any questions or concerns about the products and services offered on linked third party websites, please contact the third party directly.
9. Termination
9.1 We may terminate the agreement set out in these Terms if: (a) you are in material breach (including non-payment) of any provision of these Terms which is not remediable or, if remediable, is not remedied with a period of thirty (30) days after we have given notice to you requiring such breach to be remedied. In such circumstances we will be permitted (without liability) to suspend the provision of the Services to you and your access to eLearning and/or ePortfolio until such a breach has been remedied; (b) you appear to be unable to pay your debts (whether within the meaning of section 268 of the Insolvency Act 1986, or upon any other reasonable grounds including without limitation where a debt owing by you to us or to a third party has become due and payable and has not been met on the due date therefore), or you present or you have presented against you a bankruptcy petition or a bankruptcy order is made against you, or you take any formal step to implement an individual voluntary arrangement (within the meaning of the Insolvency Act 1986); (c) you carry out any unauthorised act with regard to the Course which infringes our Intellectual Property Rights.
9.2 You will be entitled to terminate the agreement set out under these Terms under Clause 13 below.
9.3 If either party terminates the agreement set out in these Terms, you must (a) return any Materials to us; (b) destroy all copies of the Materials stored on the hard disk of any computer under your control; and (c) cease using the Services and eLearning and/or ePortfolio immediately.
10. Limitation of Liability
10.1 Our liability to you for any direct losses arising out of our negligence breach of contract or any other cause of action arising out of or in connection with these Terms shall be limited to the Price. This does not exclude or limit in any way our liability to you in respect of: (a) death or personal injury caused by our negligence; (b) under section 2(3) of the Consumer Protection Act 1987; (c) for fraud or fraudulent misrepresentation; or (d) for any matter for which it would be illegal for us to exclude, or attempt to exclude or limit, our liability.
10.2 Other than in respect of liability referred to in Clause 8.1, we shall not be liable for any indirect or consequential loss or damage whatsoever of for any loss of profits, loss of data, loss of revenue, loss of opportunity or your liabilities to third parties which you or any third party may suffer however arising and whether caused by tort (including negligence), breach of contract or otherwise.
10.3 The information in the Brochure or Site may be updated from time to time and may be out of date when read or viewed by you. No responsibility for keeping such information in these pages up to date is taken by us or liability for not doing so.
10.4 We cannot guarantee that the eLearning and/or ePortfolio is free from computer viruses or any other malicious or impairing computer program. You should therefore ensure that you employ all reasonable precautions when accessing it. Technical inaccuracies and typographical errors may appear on the pages the eLearning and/or ePortfolio from time to time.
10.5 We shall have no liability (including liability for negligence) for the acts or omissions of telecommunications service providers or for failures of, or faults in their networks and equipment.
10.6 We reserve the right to change prices, information and specifications relating to the Courses from time to time subject always to our commitments set out in Clause 3 above.
11. Other Terms
11.1 These Terms and any documents expressly referred to in them represent the entire agreement between us and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
11.2 If we fail, at any time, to insist upon strict performance of any of your obligations under these Terms, or if we fail to exercise any of the rights or remedies to which we are entitled under the Terms, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations. A waiver by us of any default shall not constitute a waiver of any subsequent default.
11.3 If any of these Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
11.4 Any notices required to be served on us shall be served at our Registered Office. We may give notice to you at either the e-mail or postal address you provide to us when placing an Order, or we may post the notice on our Site (where of general application). Notice will be deemed received and properly served immediately when posted on our Site, twenty-four (24) hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail that such e-mail was sent to the specified e-mail address of the addressee.
11.5 The agreement set out in these Terms is binding on you and us and on our respective successors and assigns. You may not transfer, assign, charge or otherwise dispose of the agreement set out in these Terms, or any of your rights or obligations arising under it. We may transfer, assign, charge, sub-contract or otherwise dispose of the agreement set out under these Terms, or any of our rights or obligations arising under it, at any time during the term of the agreement set out under these Terms.
11.6 These Terms are governed by English law. Any dispute arising from, or related to, these Terms shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.
12. Use of Your Data
12.1 Refer to the Data Protection Policy.
13. Cancellation
13.1 Under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2014 (“Consumer Contracts Regulations”) you may cancel your purchase of a Course within a period of fourteen (14) calendar days (“Cancellation Period”) from the date of your purchase unless otherwise stated in your Order confirmation.
13.2 In addition to your rights under the Consumer Contracts Regulation 2014, we also offer the following transfer policy for the Course (where there is no legal right to a full refund under the Consumer Contracts Regulation 2014 or otherwise).
13.2.1 Where applicable, in exceptional circumstances students may be able to transfer to an alternative Assessor or Course. In the event that you are transferred to another Assessor or a different Course, you may be required to pay a fee for the additional tutoring period required and any difference in course fees.
13.2.2 Transfers will be at our discretion and is subject to availability and upon payment of any associated transfer fees. You may only transfer to a new Course or Assessor once.
13.2.4 Following any deferral by you, the Consumer Cancellation Period remains in effect with respect to the original Course Start Date as defined in the original Order.
13.3 If you are receiving funding from any other
13.5 If you wish to transfer or cancel an Order you should, as soon as possible, contact your contact by telephone, by email in writing to our registered address.
13.6 If you cancel an Order you must return any Materials to the us by recorded delivery and in their original condition with their original packaging (where applicable) and accompanied by the original delivery note. We will process the refund due to you as soon as possible and, in any case; within fourteen (14) days from the day you receive confirmation that your cancellation has been accepted. In this case, we will refund the Price of the Course in full. We will also reimburse reasonable costs to you for the cost of returning the item(s) to us.
14. Complaints
13.1 Our standard channel for all complaints is through our Centre Manager, Cath Witney, and all such communications should be directed to their registered address.
Address: Ashford Business Point, Sevington, Ashford, Kent, TN24 0LH
Email: c.witney@sekgroup.org.uk
Call: 01227 469970