Terms & Conditions
1. USE OF THE WEBSITE
1.1 By placing Orders with us through the Website you agree to be bound by these Terms and Conditions. If you do not agree to these Terms and Conditions you should not use the Website or place an Order.
1.2 You will see that certain words and phrases are given capital letters throughout these Terms and Conditions. Explanation of what these words and phrases mean can be found at clause 16.
1.3 We may change the information on this Website at any time including these Terms and Conditions and do not have to give you notice before doing so. If you use the Website after any changes have been made you will be bound by the new Terms and Conditions. You should therefore read the Terms and Conditions each time you use the Website and immediately prior to placing any Orders. If you do not agree to any change to the Terms and Conditions then you should immediately stop using the Website and should not place an Order. The "Last modified" information at the bottom of this page gives the date of the latest change to these Terms and Conditions.
1.4 These Terms and Conditions apply to your use of this Website, the sale of any Services made via this Website and your relationship with us.
1.5 The Website may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding the Website and any transactions conducted on or through the Website. In accepting these Terms and Conditions, you are also accepting them on behalf of any user for whom you are buying the Course; you shall ensure that that the user complies with these Terms and Conditions as if they were you and you are responsible and liable for the user's compliance with them.
2. YOUR ACCOUNT
2.1 You agree that:
2.1.1 any Personal Information you supply will be complete and accurate and you will notify us if any of your Personal Information changes;
2.1.2 you will not impersonate any other person or entity or use a false name or a name or other details that you are not authorised to use.
2.1.3 you do not object to us obtaining, holding, using, sharing or otherwise processing your Personal Information or contacting you in relation to any of the purposes permitted or authorised by the Terms and Conditions (including our Privacy Policy);
2.1.4 when you register to use the Website you understand that a password will be created. In order to prevent fraud, you must keep your password confidential and must not disclose it or share it with anyone. If you know or suspect that someone else knows your password you should notify us by contacting elearn@port.ac.uk immediately.
2.1.5 if we have reason to believe that there is or may be a breach of security or misuse of the Website, we may require you to change your password or we may suspend your account.
2.1.6 we may suspend or cancel your registration immediately at our reasonable discretion or if you breach any of your obligations under the Terms and Conditions. You can cancel your registration at any time by informing in writing. If you do so you must stop using the Website.
2.1.7 the suspension or cancellation of your account and your right to use the Website shall not affect either party’s statutory rights.
2.2 We appreciate that your Personal Information is important to you and agree to process information provided by you to us in accordance with our Privacy Policy.
3. YOUR ORDER
3.1 Any Orders you make by completing the Order Form are regarded as an offer by you to purchase a Course from us on these Terms and Conditions.
3.2 You will be responsible for ensuring the accuracy of the details provided when you submit an Order and we will not be obliged to accept an Order unless all details requested are provided correctly.
3.3 No Order shall be deemed to be accepted by us unless and until we confirm acceptance of your order in writing by e-mail at which time it shall become a contractually binding Order. If you do not receive an acknowledgment from us within 24 hours then it is your responsibility to check that we have received and accepted your Order.
3.4 We are entitled to refuse any Order placed by you.
3.5 All Orders are subject to availability. If, due to unforeseen circumstances, a Course is or becomes unavailable we will make reasonable efforts to notify you of this as soon as possible after becoming aware of it.
4. PRICE AND PAYMENT
4.1 All Prices quoted are in British Pounds Sterling (£) and may be subject to change. If the price goes up or down in the period between you placing your Order and the supply of the Services and/or you receiving the Goods, you will be charged the price stated in our acknowledgment of your Order.
4.2 All Prices, charges and other costs and expenses are inclusive of VAT.
4.3 Payment in Full must be made at the time of placing your Order.
4.4 Payment may be made online by PayPal and must be in British Pounds Sterling.
4.5 Payment is not collected by us directly but by the Services Provider.
4.6 Until we receive Payment in Full we shall be under no obligation to supply the Course.
4.7 When you place an Order for a Course you are making an offer to purchase the Course from us on these Terms.
4.8 Our order process allows you to check and amend any errors before submitting your Order to us. Please take the time to read and check your Order at each stage of the Order process.
4.9 Please make sure that the details you enter when placing your Order are correct. Once we accept an Order from you, it may be difficult for us, subject to any right you have to cancel your Order, to change it or make any amendments to it. For any Courses you order, any changes to the details you provide may be subject to us charging an administration fee to cover costs.
4.10 After you place an Order, you will receive an e-mail from us acknowledging that we have received your Order. However, please note that this does not mean that your Order has been accepted. Our acceptance of your Order will take place as described in clause 4.11.
4.11 We will confirm our acceptance to you by sending you an e-mail that confirms your Order for the Course specified (Order Confirmation). The Contract between us will only be formed when we send you the Order Confirmation. Normally, if we accept your order we send you an Order Confirmation within 24 hours of you placing it. If you do not receive a confirmation email within 24 hours please contact us at elearn@port.ac.uk.
4.12 If we are unable to provide you or the User with access to a Course, for example because any minimum number of participants has not been achieved or the maximum number of participants has been exceeded, we will inform you of this by e-mail and we will not process your Order. If you have already paid for the Course, we will refund you the full amount as soon as possible.
4.13 We do not have to accept any Order you place. The stated availability of the Course is only an estimate and should not be relied on as a definite statement as to whether the Course you wish to purchase is actually available or can be provided.
4.14 In order to place an Order for a Course from the Website you will need to register and then use an account. You can only place Orders for a Course from the Website with the account that you register.
5. WEBSITE CONTENT
5.1 Courses shown on the Website might be subject to minimum participant requirements and/or availability. We will inform you by e-mail as soon as possible if the Course you have ordered is not available and we will either not process your order if made or we will refund you the price paid for the Course if you have already paid.
5.2 You understand, acknowledge and agree that in registering on the Website, purchasing Courses, participating in or undertaking Courses or downloading Materials, neither you nor any user for whom you are buying a Course will be a student of the University of Portsmouth nor entitled to the rights and benefits of a student at the University of Portsmouth. You will not make any claim or permit any third party to make a claim that, as a result of buying and undertaking the Course, either you or any other user are or should be a student at the University of Portsmouth.
5.3 You are responsible for meeting any requirements of a Course, such as submitting work and participating in online sessions, tests and assessments. Failure to meet the requirements might result in you not completing the Course or failing the Course. We accept no responsibility or liability resulting from you failing to comply with the requirements of the Course.
5.4 Some Courses might have additional requirements or particular terms and conditions. Where this is the case, the requirements and particular terms and conditions will appear on the Website page describing the Course and you will be bound by them (in addition to these Terms and Conditions).
6 SERVICE ACCESS
6.1 We do not accept responsibility for the reliability of access to this Website or its fitness for a particular purpose and we will not be liable for any losses or damage resulting from your use or inability to use this Website.
6.2 While we make reasonable efforts to ensure that this Website is normally available 24 hours a day, you acknowledge that access to this Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control. We will not be liable if for any reason this Website is unavailable at any time or for any period.
7 YOUR WARRANTIES
7.1 Clauses 7.2 and 7.3 only apply if you are a consumer. Clauses 7.4 and 7.5 only apply if you are a business.
Consumers
7.2 You warrant, confirm and undertake that:
7.2.1 you are over the age of 13 and have parental or guardian consent if under the age of 18; or
7.2.2 you are at least 18 years old; or
7.2.3 if you are buying a Course on behalf of someone else that you have the authority to agree these terms on behalf of the User.
7.3 As a consumer you have certain additional statutory rights regarding claims in respect of losses caused by any negligence on our part or our failure to carry out our obligations. These Terms and Conditions shall not affect your statutory rights.
Business
7.4 You warrant, confirm and undertake that:
7.4.1 you have authority to bind any business on whose behalf you use the Website to purchase the Courses; and
7.4.2 you have authority to agree these terms on behalf of any Users that are or are to be authorised to access the Courses that you purchase; and
7.4.3 each Course you purchase will be for use by one individual only and you will not permit multiple individuals to access a Course using the same details.
7.5 These Terms and Conditions, and those in our Privacy Policy, Terms of Website Use and Website Acceptable Use Policy, constitute the entire agreement between you and us. You acknowledge that you have not relied on any statement, promise or representation made or given by or on behalf of us that is not set out in these Terms and Conditions or those documents.
8 OUR WARRANTIES
8.1 We warrant that:
8.1.1 the Materials will be of satisfactory quality and fit for any purpose specified in a Course and for its duration; and
8.1.2 we will provide the Services with reasonable care and skill.
8.2 We do not warrant that:
8.2.1 the Materials will be error-free;
8.2.2 the provision of the Services and the availability of the Course or Website will be uninterrupted or error-free.
8.3 All other warranties, conditions and terms implied by statute or common law are, to the fullest extent permitted by law, excluded from this Contract.
8.4 The warranty in clause 8.1 does not apply:
8.4.1 to any defect in the Materials arising from:
8.4.1.1 use by you otherwise than as described in a Course or as directed on the Website;
8.4.1.2 in the case of physical Materials:
8.4.1.2.1 fair wear and tear;
8.4.1.2.2 wilful damage, abnormal storage or working conditions, accident, negligence by you or by any third party;
8.4.1.2.3 any alteration or repair by you or by a third party who is approved by us in advance;
8.4.1.3 failure to use the Materials in accordance with instructions;
8.4.2 unless you notify us of any breach within 48 hours of the date of receipt of the relevant Materials by you or the date on which it became apparent, whichever is the later.
8.5 If you are a consumer, the warranties in this clause 8 are in addition to your legal rights in relation to Materials that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.
9 CONSUMER’S RIGHT OF CANCELLATION AND REFUND
9.1 This clause 9 only applies if you are a consumer.
9.2 If you are a consumer, you have a legal right to cancel a Contract under the Consumer Protection (Distance Selling) Regulations 2000 during the period set out below in clause 9.3. This means that during the relevant period if you change your mind or for any other reason you decide you do not want to participate in a Course, you can notify us of your decision to cancel the Contract and receive a refund. Advice about your legal right to cancel the Contract is available from your local Citizens' Advice Bureau or Trading Standards office.
9.3 You can cancel a contract for a Course within fourteen (14) working days of the Order Confirmation, unless:
9.3.1 within that period you access or commence the Course; or
9.3.2 you agree that we can start the supply of the Course (including the provision of preliminary materials if applicable) and we do so before the end of that period; or
9.3.3 the start date of a Course is less than seven working days from the Order Confirmation, in which case you may cancel at any time up to the start date subject to clauses 9.3.1 and 9.3.2.
9.4 You acknowledge and agree that if you, or a User for whom you purchase a Course, access a Course, that shall result in you having agreed (in accordance with clause 9.3.2) that we provide the Course prior to expiry of the cancellation period.
9.5 If you wish to cancel your Order you must notify us of your intention to do so by email to elearn@port.ac.uk.
9.6 You will receive a full refund of the price you paid for the Course. We will process the refund due to you as soon as possible and, in any case, within 30 calendar days of the day on which you gave us notice of cancellation.
9.7 As a consumer, you will always have legal rights in relation to Courses that are faulty or not as described. These legal rights are not affected by the returns policy in this clause 9 or these Terms and Conditions.
10 OTHER CANCELLATION
10.1 Our intention is that any Course will take place as advertised. However, we reserve the right to change the lecturer/presenter/tutor and/or time of the Course (or any part of it). If you are unable to attend the Course because of a change in delivery time then we shall offer you a full or partial refund, at our discretion.
10.2 There are certain reasons why it may be necessary for us to cancel a Course. If we wish to cancel a Course for any reason, either completely or partially, after we have provided you with the Order Confirmation:
10.2.1 we shall notify you in writing by email of the cancellation; and
10.2.2 for the complete cancellation of a Course, we will offer you a place on an alternative Course or a full refund; or
10.2.3 for cancellation of part of a Course, try to reschedule and run that part of the Course again. If this is not possible then we shall offer you a proportionate refund (save where cancellation is because of an Event Outside Our Control).
10.3 If you wish to cancel your order for a Course after we have provided Order Confirmation and outside of any period in which you have a legal right to cancel (see clause 9):
10.3.1 your cancellation must be received in writing no later than 14 days before the start of the Course;
10.3.2 if we receive your cancellation no later than 14 days before the start of the Course we will refund any amount you have paid to us for that Course less an administration charge of 20%;
10.3.3 no refunds will be made for cancellations made by you within 14 days of the Course date.
10.4 If you wish to cancel your order for a Course you must notify us of your intention to do so by email to elearn@port.ac.uk.
10.5 Notwithstanding the provisions of clause 10.3.3, the Course organisers may exercise their discretion in respect of cancellations and refunds on a case-by-case basis. Such discretion will be exercised in such a way that you will have no lesser rights than those in clause 10.3. To discuss any cancellation or refund with the department in question, please contact the Course organiser (contact details are specified on the webpage for that Course).
10.6 If the Course has not commenced and/or the Course has not already been accessed, it may be possible to substitute the User for another individual at the discretion of the organisers of the Course. To do so, contact the organiser of the Course (contact details are specified on the webpage for that Course).
11 TERMINATION AND LIABILITY
11.1 Your right to access the Course shall automatically expire on the date falling 6 months after the Order Confirmation or the expiry of the period specified on the Website for the Course, whichever is the earlier.
11.2 We may terminate the Contract immediately on giving notice in writing to you if you commit a material breach (or a User does or omits to do anything that would amount to a material breach) of the Contract or any document referred to in it and such breach is irremediable or, if such breach is remediable, you fail to remedy (or require that a User remedy) that breach within 14 days of a request in writing from us.
11.3 Breach of the provisions of clause 7 shall entitle us to cancel the Contract without any further liability to you.
11.4 If we terminate the Contract we may immediately withdraw a User's access to any Course via the Website.
11.5 Upon expiry or termination of the Contract (other than pursuant to the cancellation provisions in clause 9):
11.5.1 you shall immediately cease use of the Course, Services and Materials;
11.5.2 any provision of these Terms that expressly or by implication is intended to come into or continue in force on or after termination shall remain in full force and effect;
11.5.3 any rights, remedies, obligations or liabilities of the parties that have accrued up to the date of termination or expiry, including the right to claim damages in respect of any breach of the agreement which existed at or before the date of termination or expiry, shall not be affected.
11.6 If you are under the age of 18 and do not have parental or guardian consent we can restrict or deny access.
12 LIMITATION OF LIABILITY
12.1 We shall not be liable for any breach of our obligations in any circumstances where our failure to perform our obligations is caused in whole or in part by your failure to fulfil your responsibilities under these Terms and Conditions, including but not limited to any failure or delay by you in making payments or accepting delivery.
12.2 We shall not be liable for any negligence of or breach of any contract between you and any third parties, including but not limited to your bank and/or credit card company.
12.3 We will not be liable to you for delay or failure to perform due to any causes beyond the reasonable control of us or our suppliers, including but not limited to strikes, lock-outs or other industrial disputes (whether involving our workforce or that of any other person), Act of God, war, armed conflict or terrorist attack, nuclear, chemical or biological contamination or sonic boom, riot, civil war, civil commotion, malicious damage, failure of public or private telecommunications networks, compliance with any law or governmental action order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm, or other adverse weather conditions.
12.4 Except as expressly stated in these Terms and Conditions, we do not give any representation, warranties or undertakings in relation to the Courses. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Course is suitable for your purposes.
12.5 Although we may accept an order for a Course from you we cannot state, promise or guarantee that the Course will run as stated on the Website, or at all. Whether we run a Course will depend on a number of factors, including the number of other persons who order a place on the Course and us achieving a minimum number of orders to justify the running of the Course. If the decision is taken not to run a Course, that decision will be communicated at least fourteen days before the intended start date. Accordingly we shall not be liable to you for any losses, costs and expenses incurred by you as a result of our cancellation of a Course, including, but not limited to those connected with travel and accommodation provided by a third party you have arranged. We recommend that you take out a policy of insurance to cover such expenses in the event of cancellation of Course or part of a Course by us.
12.6 If you are a business user, please note that in particular we will not be liable for loss of profits, sales, business or revenue; business interruption; loss of anticipated savings; loss of business opportunity, goodwill or reputation; or any indirect or consequential loss or damage.
12.7 If you are a consumer user, please note that we provide a Course only for domestic and private use. You agree not to use the Course for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption or loss of business opportunity.
12.8 Nothing in this clause shall limit or exclude our liability in respect of death or personal injury arising out of or caused by our negligence.
13 DATA PROTECTION
13.1 In circumstances where we act as a Data Processor under the Data Protection Act 1998 (“the Act”) we shall comply with the Act and shall only process your Personal Information, such as your name, contact details, measurements, credit card details or other information provided by you to us in accordance with our Privacy Policy.
14 INTELLECTUAL PROPERTY RIGHTS
14.1 We are the owner or the licensee of all intellectual property rights in the Website, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
14.2 You may print off one copy, and may download extracts, of any page(s) from the Website for your personal use and you may draw the attention of others within your organisation to content posted on the Website.
14.3 You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
14.4 Our status (and that of any identified contributors) as the authors of content on the Website must always be acknowledged.
14.5 You must not use any part of the content on the Website for commercial purposes without obtaining a licence to do so from us or our licensors.
14.6 If you print off, copy or download any part of the Website in breach of these terms of use, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
15 GENERAL
15.1 The headings are inserted for ease of reference only and shall not affect the interpretation or conclusion of these Terms and Conditions.
15.2 All notices shall be given to us by email to elearn@port.ac.uk and to you at either the email or postal address you provided on your Order Form.
15.3 We will try to resolve any problems quickly and efficiently. If you are not happy with the way we deal with any complaints and you wish to take court proceedings, you must do so in the United Kingdom using the law of England and Wales.
15.4 If either you or we waive any breach of any term of these Terms and Conditions, this shall not be considered to be a waiver of any subsequent breach of the same or any other term hereof.
15.5 We may at any time assign, transfer, charge or deal in any other manner with your Order or any of its rights under it, or sub-contract any or all of its obligations under it, provided that we give you notice.
15.6 If any term or provision of these Terms and Conditions (or any part of such term or provision) is found by any court or administrative body to be invalid or unenforceable for any reason, such term or provision shall to that extent be deemed to be removed from and not form part of these Terms and Conditions, but the validity and enforceability of the remainder of these Terms and Conditions shall not be affected.
16 DEFINITIONS & INTERPRETATION
16.1 In these Terms and Conditions, unless the context otherwise requires: