Terms and Conditions

Please read these Terms and Conditions of Use (‘Terms‘) carefully before using www.learndirect.com (‘the Website‘). These Terms apply to all users of this Website including casual browsers.

Part A applies to all users of the learndirect Website
Part B applies if you enrol for a learndirect course in a learndirectcentre
Part C applies if you enrol for a learndirect course online
Part D applies if you are purchasing online Course Materials
Part E applies if you are entering the Skills Test question trial prize draw

Part A

1. Terms applying to all users of the learndirect website.

Please read these Terms and Conditions of Use (‘Terms’) carefully before using www.learndirect.com (‘the Website’). Additional terms and conditions apply if you enrol on a course (Part B and Part C). These will be drawn to your attention during the process of enrolment.

In these Terms, ‘we’, ‘us’ and ‘learndirect’ means :

learndirect Limited Dearing House 1 Young Street Sheffield South Yorkshire S1 4UP

which is the owner of this Website and the learndirect trademark and brand, and ‘you’ means the user of this Website. We reserve the right to withdraw all or part of the Website at any time

By using this Website you agree to be bound by these Terms, the Privacy Statement and the Copyright Statement

You acknowledge that you are responsible for making back-up copies of all your data and taking appropriate precautions against viruses, hacking and other types of computer misuse.

Whilst we try to ensure that the Website does not contain any error, defect, malfunction or corruption, we do not accept responsibility for any damage to or loss of data on your computer system, network or server that results from the download or use of the Website or any materials made available via the Website (except for death or personal injury caused by our negligence).

We cannot promise that access to the Website will be uninterrupted or error free. We reserve the right to suspend access to the Website between the scheduled maintenance window of approximately 01.00 and 02:30 GMT each day. There may also be occasions when access to the Website is interrupted for emergency maintenance or repairs or to carry out upgrades to improve the performance or functionality of the Website and the services offered via the Website. Access may also be interrupted due to failures of telecommunications links and equipment, which are beyond the control of learndirect.

You accept that you will not have a claim for breach of contract (either against us or your Service Provider/learndirect centre) or otherwise in respect of such period of unavailability. You also acknowledge that we cannot be held responsible for any delay or disruptions that are inherent in the operation of the Internet and the World Wide Web, including viruses.

We shall not be liable to you for any of the following types of loss or damage arising out of or in connection with your use of the Website or any or content and/or facilities provided via the Website :

  • any loss of profits, loss of earnings, loss of anticipated savings, goodwill or revenue;
  • any loss or corruption of data; or
  • any indirect or consequential loss.

The exclusions and limitations of liability contained in this section do not apply to :

  • any loss or damage resulting from death or personal injury caused by our negligence;
  • loss or damages arising from our fraudulent misrepresentation; or
  • any other losses which may not be excluded or limited by law.

Each provision of this Paragraph shall be construed separately as between you and us. If any part is held by a court to be unreasonable, inapplicable or unenforceable, then the other parts shall still apply.

The receipt of the services is personal to you and you may not transfer your rights to access the course materials or to receive the services to another person unless we have consented in writing to you doing so.

If any provision of these Terms becomes void or otherwise unenforceable in whole or in part, the validity of the remainder of these Terms shall not be affected.

If either we or you fail to enforce, or delay in enforcing, any of our respective rights or remedies under these Terms, such failure or delay shall not operate as an agreement to waive that right or remedy, and shall not prevent us from exercising that right or remedy in the future.

These Terms are governed by and shall be construed in accordance with English law. Any dispute arising between us under or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the English courts.

 

2. Purpose of the Website

The purpose of the Website is to provide individuals and businesses with information on the range of courses, centres, products and other services offered by or via learndirect including enrolment in England, Wales and Northern Ireland.

 

3. Copyright

The materials on this Website are protected by our and by third party copyright and other intellectual property rights as described in the learndirect Copyright Statement.

 

4. learndirect Community

learndirect offers all users of the Website over the age of 16 the option of joining the learndirect community. Please note that the Community is not intended for under 16s. If we discover anyone under this age has registered, their access will be removed immediately. This area enables you to post comments on and discuss both the content and service provided on the Website, the courses offered via the Website and the general learning experience with your fellow learners and tutors. For the avoidance of doubt, any comments or materials that you post on any area of the website are subject to this paragraph.

We provide the ‘Community’ to you free of charge. As a consequence of this we do not make any guarantee as to the availability, performance or continued provision of these services and reserve the right to modify or to terminate the provision of all or any of these services at any time. Availability of the service may be interrupted from time to time for maintenance purposes. We also reserve the right to establish general rules and limits concerning use of the ‘Community’. We shall notify you via these terms and conditions if we amend any such rules or limits.

You agree that we and learndirect have no responsibility or liability for the deletion or failure to store any messages or other communications that you send or receive using the ‘Community’.

You acknowledge that you are solely responsible for any content or other materials that you send or post to the ‘Community’ or any part of the Website and that all communications may be moderated by learndirect and that learndirect reserves the right to remove any message which is inconsistent with our aim of promoting an inclusive environment. All chat sessions are logged and any complaints will be investigated by learndirect. You agree not to use the ‘Community’ or any part of the Website:

  • for any unlawful purposes;
  • to transmit, store or communicate any material which is obscene, offensive, blasphemous, pornographic, unlawful, threatening, menacing, abusive, harmful (particularly to minors), an invasion of privacy, defamatory, libellous, vulgar or otherwise objectionable;
  • to transmit, store or communicate any material which infringes our or any other person’s copyrights, trade marks, patents, moral rights or other intellectual property rights of any nature;
  • to transmit, store or communicate any material that contains images, audio or video recordings, software or other material protected by intellectual property laws (or by the rights of confidentiality or privacy, where applicable) unless you own or control the rights thereto and have received all necessary consents and agreement in relation to any third parties’ interest in the material;
  • for commercial purposes including without limitation the publishing or circulation of any promotion, or advertisement, or the solicitation of funds or the sale or supply of goods or services;
  • to transmit, store or communicate any material which is likely to have a detrimental effect on our or any other person’s reputation;
  • harvest content or IP addresses or transmit or communicate any material which contains software viruses or any other files or programs that may interrupt, destroy or limit the functionality of this Website or server or any other computer or that contains any unsolicited or unauthorised materials, chain letters, junk mail, spam or similar;
  • to transmit any material which is likely to cause harm to learndirect or anyone else’s computer systems, including but not limited to any virus, code, worm, data or other routine purposely designed to damage or cause any defect, error, malfunction or corruption to any computer system;
  • to restrict or in any way inhibit any person from using this Website;
  • to transmit, store or communicate any material which is irrelevant to the subject matter;
  • to transmit, store or communicate any material in breach of the Computer Misuse Act 1990;
  • to impersonate or falsely state or misrepresent your association with any entity or person including without limitation learndirect, the learndirect centres, tutors or other learners;
  • to delete any author contributions, legal notices or proprietary designations or labels in any file which is uploaded or falsify the origin or source of the material which is transmitted or communicated;
  • to obtain, collect or store any personal data about any visitors or learners of the Website;
  • to transmit applications which make excessive demands on bandwidth;
  • to use the ‘Community’ facility provided through this Website, or to receive any newsletter or service under more than one user name and/or user account number without the consent of learndirect.

By posting a message on the Website you warrant that your message complies with the terms and conditions, house rules and/or any relevant laws and regulations in force from time to time, and agree to indemnify learndirect against all legal fees, damages and other expenses that may be incurred by learndirect as a result of your breach of this warranty.

If you discover any material or behaviour of other users which you think is unacceptable or in breach of these terms and conditions you should report it to us, and we will deal with it at our discretion. For Contact details see paragraph 8.

If you post any comments or content on the Website you grant learndirect and the provider a non-exclusive royalty free perpetual irrevocable right and licence to reproduce, modify, edit, adapt, publish, translate, distribute and display such materials in any and all media now known or in future created throughout the world and authorise others to do so. You further agree to irrevocably and unconditionally waive all moral rights which you may have in respect of any material posted by you on the website.

 

5. Removal of content and response to complaints

In the event that you send any content that breaches the provisions of the above paragraph, learndirect reserves its right to remove that content or disable access to it and to respond to any complaints made by a third party in respect of that content. learndirect will not be liable to you if it removes any content because it believes that such content breaches the provisions of these Terms.

learndirect shall have the right without notice to record the IP address from which any user submitted content is transmitted or communicated through this Website.

learndirect may also preserve any content that you send or receive if required to do so by law or if reasonably required to ensure compliance with the Terms or to respond to third party complaints about such content.

learndirect reserves the right to delete any contribution, or take action against any account, at any time, for any reason.

 

6. Third Party Links

We may provide links to third-party websites from time to time. This may include links to sites owned by associated companies of learndirect. Any link (including without limitation any links posted by other users of the Website) are provided for your convenience only and are accessed at your own risk. We are not responsible in any way for the content of any third party website or for goods or services provided by the operators of such websites, and, unless otherwise stated are not responsible for and do not endorse or recommend any third party website or its availability or contents or any agreement or understanding you enter into with a third party through a third party website. If you choose to use any of the links provided, you should ask for access to the terms and conditions and privacy statement of the third party website. learndirect does not accept any liability for any loss, damage, expense, costs or liability whatsoever incurred by you in respect of these third party websites.

 

7. Amendments to the Terms

We reserve the right to amend these Terms from time to time. When we make a change we will update this page of the Website. If we do so, the updated version will be effective as soon as it is uploaded on to this Website. The date of the last revision to these Terms is provided at the end of the Terms. We recommend that you visit this page each time you visit the Website to ensure that you are aware of and are complying with any changes that we have made to these Terms. If you continue to use the Website you will be deemed to have accepted those changes from the point at which these changes come into effect.

 

8. Contact us

You can contact us :

  • by telephone on 0800 101 901
    • Monday to Friday 8am to 9pm, Saturday 9am to 6pm, Sunday 10am to 6pm
  • by email at enquiries@learndirect.net
  • by post at:
    • Learner Services, learndirect, PO Box 900, Leicester LE1 6ER

 

 

Part B

 

9. Terms applying if you enrol for a learndirect course at a Service Provider

These terms and conditions (‘Terms’) apply to your learning when you enrol on a learndirect course in a learning centre

learndirect and your learning centre

learndirect

learndirect is the trading name of learndirect Ltd, which is the provider of your learning. That service to you includes the learndirect website, your course on the website or any learndirect off-line materials, and the learndirect learner helpline.

Your Service Provider

learndirect has contracted with your service provider to support you through enrolment, use of computers, tutor support while you are learning, and assessment for your qualification. You can learn at the learning centre or online or a mix of the two; your service provider will be able to provide you with support whichever method you use.

For the purposes of these Terms

advisor’ the person who provides general support while you are learning

course fee‘ means the fee you may be asked to pay for this course.

course’ means this course that you are signing up to learn. In the learndirect system it is referred to as a ‘programme’ because it usually contains more than one piece of learning, and it will prepare you for your qualification.

enrol‘ means the process of enrolling for a course.

learning centre’ means the centre where you are enrolled.

‘SFA’ the Skills Funding Agency which pays for a lot of the learning.

‘Service Provider’ means the organisation contracted by learndirect Ltd to provide your services.

services‘ means the products and services we and the service provider supply to you including; this Website where your learning takes place, the online course materials you use on the Website, any off-line materials we supply, any help-line services we provide to learners, and the tutor and other support provided to you.

tutor’ the person who provides you specialist support for your course

we‘ and ‘us‘ means learndirectLimited. learndirect is the brand name which learndirect Ltd uses for its learning services.

you‘ means the learner.

 

Enrolment

Your Service Provider will help you to choose the correct course. It will assess your skills and knowledge and provide advice and information before you start learning to make sure you choose the right course.

If you are eligible for government funding to pay, or help to pay, for the course, you must provide your service provider with relevant evidence about yourself and your circumstances, and we will obtain that funding for your learning.

If the SFA says that you must pay for a part of the course, your service provider will collect the fee on behalf of learndirect, and give you a receipt.

You must follow the terms and conditions of the course.

The Service Provider will not make other charges to you, or ask for any deposits, for learndirect learning.

Your Service Provider will provide you with the online course materials for the course (and off-line courses if used) and access to learndirectonline systems and the tools and resources for learners you will find there.

By accessing your course you will be deemed to have accepted these Terms and the terms and conditions of the Learning Agreement.

When you have signed the Learning Agreement with us, your Service Provider will provide you with a tutor. Your tutor will provide support and guidance to you during your course.

 

Your course

Your course is a mixture of online software, (or off-line course materials) tools and information on the Website, and tutor support from your service provider. The course is designed to help you to achieve the qualification you have chosen with support from your service provider.

Whether you pay a fee or not, you are not ‘buying’ the course. You are being licensed to ‘use’ the course while you are on the course. You cannot ‘keep’ the course for ever. You cannot give or sell the course or any of the learning materials to anyone else. The course always remains the property of learndirect.

 

Assessment:

Assessment is an important part of your course. It is the only way to get the qualification that you want when you have finished your learning. It may be the online test for maths and English, or a portfolio if you are doing a vocational qualification.

If you are doing an English or maths course, your service provider will help prepare you for your Skills for Life test, and will arrange with you a suitable time and date to take your test. There is no charge for this service.

If you are doing an NVQ, your learndirect assessor will help you prepare and submit your portfolio. Once you have been assessed and passed, you will get your certificate for your qualification.

There is no extra charge for assessment and certification.

 

Quality of the services

We will, (and we will use our reasonable endeavours to ensure that your service provider will), use reasonable skill and care in providing the services to you. We do not make any commitment to you that the content of the services will meet any specific requirements that you have (except to the extent that your requirements match the course description which is given in more detail on the Website). We expect you to take reasonable care to make sure that the course you have chosen will meet your needs.

We do not make any commitment to you that you will obtain any particular result from your receipt of the services. We do not make any commitment to you that you will obtain any particular qualification from your receipt of the services (unless stated otherwise in the course description on the Website subject to your successful achievement of that qualification).

All representations, warranties and/or terms and/or commitments not expressly set out in these Terms and the terms and conditions of the Learning Agreement (whether implied by law, conduct, and statute or otherwise) are hereby excluded to the maximum extent permissible at law.

 

Password and Learner Reference Number

When you registered for learndirect you were given a user name and password. You must take care to keep your user name and password confidential. You will be responsible for all activities that occur under your user name and password. You must not allow anyone else to use your user name and password. You must tell us immediately of any unauthorised use of your user name or password or if you believe that your user name or password are no longer confidential. We reserve the right to require you to alter your user name and password if we believe that they are no longer secure. We will never email you or ask you on the phone for your password. If anyone asks you for your password you must tell your tutor or advisor.

We will provide you with access to your course once you have enrolled. You will need to log on using your user name and password to use the course.

When you first enrol for a learndirect course you will also be issued with a learner reference number. We may use this number in correspondence with you.

 

Course fee and funding from the Skills Funding Agency

You may be eligible to have part or the whole cost of the course paid for you by the SFA. If so, you must provide your Service Provider with the evidence we request. If you are not eligible for funding support, you will have to pay the whole cost of the course.

You agree to pay us the course fee, (including VAT where applicable), if a fee is required for the course. You may be asked to pay a course fee even if you are eligible for some funding from the Skills Funding Agency. Your advisor has explained any cost to you before you are asked to sign the Learning Agreement. The Learning Agreement shows the course fee payable by you, and you must pay that fee to us through your service provider.

 

Provision of the Services

Help: You will find help with your learning in several ways. There are videos, ‘how to’ guides and frequently asked questions (FAQs) on the Website. You can send a message or speak to your advisor or tutor.

Tutor Support: When you enrol on your course your service provider will assign a tutor to support to you through the course. Your tutor will contact you regularly to discuss your progress. You must keep in touch with your tutor at least every 3 weeks if you are going to continue on the course.

Your tutor will help you with any questions about your course. This includes how to use the course online, specialist advice about things you are learning in your course, or any other aspect of learning with learndirect. Your tutor may not be the same person every time you are learning. The tutor you speak to will know what course you are doing and will be able to see in the Website how you have progressed so far.

Tutor support will be provided on a first-come first-served basis. Tutor support at the learning centre will be available during the normal opening hours of the centre, as advertised on the learning centre entry in this Website.

Computer compatibility on your own machine: You can log onto the Website from any computer using your assigned user name and password. The computers in your learning centre have been tested to make sure they work with our courses.

However, not all computers have all the software needed to use every course learndirect provides, so we do not make any commitment that the course software will be compatible with or operate with the software or hardware on your own computer. If your computer does not have the necessary software installed you will be able to download the software from the Website (at your cost and risk) that should allow you to use the course. If it cannot, and you want to learn from home, your service provider will help you to choose another suitable course, or refund any course fee you have paid.

If we recommend that you either enable cookies or download certain publicly accessible software to ensure that your computer is capable of accessing the course, you do so at your own risk. There is a ‘How to’ guide called ‘Setting up my Computer for Learning’ on the Website. We use cookies to check the compatibility of your system with some of our services. If you wish to know more about cookies, please see the section on ‘Cookies’ in the learndirect Use of Cookies Statement.

If when you are doing your course you need to use software which is not provided as part of the course, or as a free download from the Website, you will be responsible for any charges from the software supplier.

Technical Support: Your Service Provider will provide basic technical support to learners to help them to use our courses. Your Service Provider cannot provide technical help that is not about using your learndirect course. Please contact an advisor at your learning centre for technical help using the learndirect courses. There is a FAQ and a ‘How to’ guide and a contact form on the Website. We will use reasonable skill and care in providing any technical support and to ensure that this service is available to you. learndirect cannot guarantee uninterrupted availability of its technical support. We do not guarantee that the technical advice provided by us will resolve your technical problems. If you decide to take advantage of such technical advice you must strictly follow that advice.

System downtime: We may need periods of downtime to maintain the Website. learndirect tries to ensure that the Website is available 24 hours a day 7 days a week. learndirect reserves the right to suspend access to the Website between the scheduled maintenance window of approximately 01:00 and 02:30 GMT each day. There may also be occasions when access to the Website is interrupted for emergency maintenance or repairs or to carry out upgrades to improve the performance or functionality of the website. Access may also be interrupted due to failures of telecommunications links and equipment which are beyond the control of learndirect.

 

Your right to use the course and your related obligations

On payment of the course fee, or funding approved for you on your course, we grant to you a licence for you to use the course for your own use only. This is for the sole purpose of non-commercial use by you in your learning centre, at home, at work or any other lawful location in connection with the receipt of the services. You can only use the course while you are learning, and for a period afterwards. You cannot ‘keep’ the course, and it is not yours to sell or give to anyone else.

You may make copies of sections of the course as they appear on the Website if you need to while you are doing the course for your own use only. You may print for your personal use only as many pages of the course on the Website as are reasonable for your own private study purposes.

You may not change, copy (except as permitted above), reproduce, re-publish, upload, post, transmit or distribute in any way any part of the course. Any use of the course not permitted in these Terms and the terms and conditions of the Learning Agreement is strictly prohibited. Such use will constitute an infringement of either our copyright or our other intellectual property rights, or the copyright or other intellectual property rights of people who write courses for us.

 

Your right to cancel the course

If you decide that you wish to cancel your enrolment, you may do so provided that you tell your service provider that you wish to cancel within 30 days of your enrolment. If you are entitled to a refund of any course fee, this will be paid to you within 30 days of the date of your cancellation.

You agree that you will lose your above right to cancel the course and get a refund of any course fee you have paid if you have started using the course. This will not affect your statutory rights.

 

Our rights to stop providing the services to you

We will make the course available to you in the Website from enrolment until:

  • you tell your tutor or advisor, in writing, by email or by telephone that you have completed the course and no longer require access to the services or,
  • 90 days after your tutor marks the course as completed or achieved or,
  • you do not answer tutor or advisor emails or calls to you, and/or you do not do any activity in your course, for a period of longer than 28 days while you are on the course (unless you have agreed a break with your tutor in advance) or,
  • we or your service provider decide that your actions are unacceptable.

In any of the events above, we will withdraw your access to the course. If you wish to use the services after your access to the course has been withdrawn, you will need to enrol again.

We reserve the right to stop providing the services to you immediately if:

  • you do not follow the way in which you are allowed to use the course and the Website; or
  • you act in such a way as to threaten, intimidate or otherwise harass our staff or other learners; or
  • if you are in receipt of funding from the SFA, and you fail to comply with the requirements of the SFA as described either on this Website or in the Learning Agreement or in information given to you by learndirect when you enrol.

If we exercise this right your service provider will tell you by email or by your chosen route. We will then immediately withdraw your access to the course.

 

Complaints

If you are not satisfied with any aspect of the services, please speak to your tutor or advisor, or contact us in the manner described in ‘Contact us’ section in the learning planner.

 

Our liability to You

We will not be liable if we cannot provide the services to you because of an event beyond our reasonable control. Such events include (but are not limited to) events such as fire, flood, storm, strikes or other industrial action, failure of telecommunications services, war, riot, or the actions of any government or public body, failure or insolvency of the learning centre. If we are prevented from providing the services by such an event, we will take all reasonable steps to try to reinstate the provision of the services to you as soon as is reasonably practicable.

In no event will we be liable for any loss of profit, loss of earnings, loss of anticipated savings, loss of revenue or loss of goodwill that you may suffer. In no event will we be liable to you for any indirect or consequential loss that you may suffer.

We are not liable for any data that you lose either as a result of accessing the course or during completion of any course on the website. It is your responsibility to ensure that you regularly save and back up all data which you hold on the computer from which you are accessing the course, and all data that you are inputting when completing the course.

Except where the above applies, our maximum aggregate liability for any claim that you may have against us in connection with the provision by us (or the service provider) to you of the services, which is not otherwise excluded in these Terms and the terms and conditions of Learning Agreement, (including without limitation where such claim arises as a direct result of any negligent technical advice provided by us), will be limited to the amount of the course fee which has been paid or is payable by you or on your behalf (regardless of the amount of any public funding for which you are eligible).

The exclusions and limitations of liability contained in these Terms and the terms and conditions in the Learning Agreement do not apply to any loss or damage resulting from death or personal injury caused by our negligence, loss or damages arising from our fraudulent misrepresentation, or any other losses which may not be excluded or limited by law.

 

Privacy and data protection

We treat your privacy very seriously. The information, which may include sensitive personal data, that you provide to your service provider when you enrol for a learndirect course or at any other time is subject to the learndirect Privacy Statement. Please read this. You can find it at the foot of most of the Website pages. It sets out what information we collect, when we collect it, what we use it for, and who we can give it to. If you would like further details about the information we collect and how it is used, please ask your tutor. By signing the Learning Agreement you agree that you have read and accept the terms of the learndirect Privacy Statement.

When you started using the Website, you also agreed with your tutor what information about learndirect products and services you wanted to receive. We may send these by email, phone, post, or SMS.

If you want to change these preferences you can do so at any time by going into your personal details in the Website and making the changes there.

While you are a learndirect learner, you will also receive information from us about your learning or your course, and your tutor and the advisors at the learning centre will be in touch with you to support you on your course. You will agree with your tutor how you want to receive this learning support.

 

SFA Privacy Notice

The SFA requires that we also tell you about its own privacy notice so that you understand how the SFA will use the information that we give them. It says:

How We Use Your Personal Information

The personal information you provide is passed to the Chief Executive of Skills Funding (‘the Agency’) and, when needed, the Department for Education, including the Education Funding Agency to meet legal duties under the Apprenticeships, Skills, Children and Learning Act 2009, and for the Agency’s Learning Records Service (LRS) to create and maintain a unique learner number (ULN). The information you provide may be shared with other partner organisations for purposes relating to education or training.

Further information about use of and access to your personal data, and details of partner organisations are available at:

http://skillsfundingagency.bis.gov.uk/privacy.htm,

and

http://www.learningrecordsservice.org.uk/documentlibrary/documents/ Code+of+Practice+for+Sharing+of+Personal+Information.htm

If you want to change your options with the SFA or the LRS about their contacting you for surveys or research, or to tell you about courses and other learning opportunities, or how they can contact you, please contact your tutor.

 

Contacting learndirect

You can contact us:

  • by a message to your tutor
  • by calling us on 08000 925 101
  • by email at enquiries@learndirect.net
  • or by post at: FREEPOST learndirect

 

 

Part C

10. Terms applying if you enrol for a learndirect course online

These Terms and conditions apply to your learning when you enrol on a learndirect course online.

Please read these Terms carefully before enrolling on a course.

For the purposes of these Terms:

  • we‘ and ‘us‘ means learndirect Limited. learndirect is the brand name which learndirect Ltd uses for its learning services.
  • you‘ means the learner.
  • advisor’ the person who provides general support while you are learning
  • tutor’ the person who provides you subject support for your course
  • enrol‘ means the process of enrolling for a course.
  • services‘ means the support we provide to you on the learndirect website where your learning takes place, the online course materials you use on the learndirect website, and the tutor and other support we provide to you.
  • course’ means this course that you are signing up to learn.
  • course fee‘ means the fee you may be asked to pay to study this course.

 

Enrolment

We will help you to choose the correct course. We will assess your skills and knowledge and provide advice and information before you start learning to make sure you choose the right course.

We will provide you with the online course materials for the course and access to learndirect online and its tools and resources for learners.

If you are eligible for funding to pay, or help to pay, for the course, you must provide us with relevant evidence and we will obtain that funding for your learning. You must follow the terms and conditions of the course.

When you have accepted the Learning Agreement, we will provide you with an online tutor. Your tutor will provide support and guidance to you during your course.

By accessing your course you will be deemed to have accepted these Terms and the terms and conditions of the Learning Agreement.

 

Your course

Your course is a mixture of online software, tools and information in the website, and tutor support from us. The contents of the course are listed in the Learning Agreement. The course is designed to help you to achieve the qualification you have chosen with support from us.

Whether you pay a fee or not, you are not ‘buying’ the course. You are being licensed to ‘use’ the course while you are on the course. You cannot ‘keep’ the course for ever. You cannot give or sell the course to anyone else. The course always remains the property of learndirect.

 

Assessment

Assessment is an important part of your course. It is the only way to get the qualification that you want when you have finished your learning. It may be the online test for Maths and English, or the e-portfolio if you are doing a vocational qualification.

If you are doing a Maths or English qualification please check that you are happy to travel to a suitable test centre before your learning starts. You can find your test centre by clicking this link. If we cannot agree a suitable centre, which you are prepared to go to for the test when you have completed your learning, we cannot provide the course or tutor support to you. When you are ready to take your Maths or English test, learndirect will arrange with you a suitable time and date to visit that centre and take your test. There is no charge for this service. If you do not attend a booked test session that you have agreed with learndirect, or cancel your test with less than 3 working days from your test day, we may charge you a cancellation fee of £37.00. For unfunded courses you will also be required to pay the fee for rebooking your test. If you are doing an NVQ, your learndirect assessor will help you prepare and submit your e-portfolio. This is part of the support learndirect will provide for this course and there is no extra charge.

 

Quality of the services

We will use reasonable skill and care in providing the services to you. We will do so according to the qualification content set out in the agreement. We do not make any commitment to you that the content of the services will meet any specific requirements that you have (except to the extent that your requirements match the course description which is given in more detail on the Website). We expect you to take reasonable care to make sure that the course you have chosen will meet your needs.

We do not make any commitment to you that you will obtain any particular result from your receipt of the services. We do not make any commitment to you that you will obtain any particular qualification from your receipt of the services (unless stated otherwise in the course description on the Website subject to your successful achievement of that qualification).

All representations, warranties and/or terms and/or commitments not expressly set out in these Terms and the terms and conditions in the Learning Agreement (whether implied by law, conduct, and statute or otherwise) are hereby excluded to the maximum extent permissible at law.

 

Password and Learner Reference Number

When you registered for learndirect you were given a user name and password. You must take care to keep your user name and password confidential. You will be responsible for all activities that occur under your user name and password. You must not allow anyone else to use your username and password. You must tell us immediately of any unauthorised use of your user name or password or if you believe that your user name or password are no longer confidential. We reserve the right to require you to alter your username and password if we believe that they are no longer secure. We will never email you or ask you on the phone for your password. If anyone asks you for your password you must tell your tutor or advisor.

We will provide you with access to your course once you have enrolled. You will need to log on using your user name and password to use the course.

When you first enrol for a learndirect course you will also be issued with a learner reference number. We may use this number in correspondence with you.

 

Course fee and funding from the Skills Funding Agency

You may be eligible to have part or the whole cost of the course paid for you by the SFA. If so, you must provide us with the evidence we request. If you are not eligible for funding support, you will have to pay the whole cost of the course.

You agree to pay us the course fee, (including VAT where applicable), if a fee is required for the course. You may be asked to pay a course fee even if you are eligible for some funding from the Skills Funding Agency. Your advisor will explain any cost to you before you are asked to sign the Learning Agreement. The Learning Agreement shows the course fee payable by you.

 

Provision of the Services

Help: You will find help with your learning in several ways. There are videos, ‘how to’ guides and frequently asked questions (FAQs) on the Website. You can email your advisor or tutor, and you can call Learner Services by phone.

Tutor Support: When you enrol on your course we will assign a tutor to support to you through the course. If your course is Funded your tutor will contact you regularly to discuss your progress. You must keep in touch with your tutor at least every 3 weeks if you are going to continue on the course. Your tutor will help you with any questions about your course. This includes how to use the course online, specialist advice about things you are learning in your course, or any other aspect of learning with learndirect. Your tutor will not be the same person every time you contact us, or we contact you. The tutor you speak to will know what course you are doing and how you have progressed so far. You may contact your tutor during the normal opening hours of 8:00am to 9:00pm Monday to Friday and 10:00am to 6:00pm Saturday and Sunday.

Computer compatibility: You can log onto the website from any computer using your assigned user name and password. Not all computers have all the software needed to use every course learndirect provides. We do not make any commitment that the course software will be compatible with or operate with the software or hardware on your computer. If your computer does not have the necessary software installed our advisor will help you to download the software (at your cost and risk) that should allow you to use the course. If it cannot, we will help you to choose another suitable course, or refund any course fee you have paid. If we recommend that you either enable cookies or download certain publicly accessible software to ensure that your computer is capable of accessing the course, you do so at your own risk. There is a ‘How to’ guide called ‘Setting up my Computer for Learning’ on the website. We use cookies to check the compatibility of your system with some of our services. If you wish to know more about cookies please see the section on cookies in the learndirect Use of Cookies Statement.

Technical Support: We provide technical support to learners to help them to use our courses. We cannot provide technical help that is not about using your learndirect course. Please contact an advisor for technical help using the learndirect courses. There is a FAQ and a ‘How to’ guide and a contact form on the Website. We will use reasonable skill and care in providing any technical support and to ensure that this service is available to you. learndirect cannot guarantee uninterrupted availability of technical support. We do not guarantee that the technical advice provided by us will resolve your technical problems. If you decide to take advantage of such technical advice you must strictly follow that advice.

System downtime: We may need periods of downtime to maintain the learndirect Website. Technical support may not be available during such periods of downtime. learndirect tries to ensure that the Website is available 24 hours a day 7 days a week. learndirect reserves the right to suspend access to the Website between the scheduled maintenance window of approximately 01:00 and 02:30 GMT each day. There may also be occasions when access to the website is interrupted for emergency maintenance or repairs or to carry out upgrades to improve the performance or functionality of the Website. Access may also be interrupted due to failures of telecommunications links and equipment which are beyond the control of learndirect.

 

Your right to use the course and your related obligations

On payment of the course fee, or funding approved for you on your course, we grant to you a licence for you to use the course for your own use only. This is for the sole purpose of non-commercial use at home, at work or any other lawful location in connection with the receipt of the services. You can only use the course while you are learning, and for a period afterwards. You cannot ‘keep’ the course, and it is not yours to sell or give to anyone else.

You may make copies of sections of the course as they appear on the Website if you need to while you are doing the course for your own use only. You may print for your personal use only as many pages of the course on the Website as are reasonable for your own private study purposes.

You may not change, copy (except as permitted above), reproduce, re-publish, upload, post, transmit or distribute in any way any part of the course. Any use of the course not permitted in these Terms and the terms and conditions of the Learning Agreement is strictly prohibited. Such use will constitute an infringement of either our copyright or our other intellectual property rights, or the copyright or other intellectual property rights of people who write courses for us.

 

Your right to cancel the course

If you change your mind within 7 days of buying the course, please contact us on 08000 925 101 to let us know. If you are entitled to a refund of any course fee, this will be paid to you within 30 days of the date of your cancellation.

You agree that you will lose your right to cancel the course and get a refund of any course fee you have paid if you have started using the course.

Your statutory rights in the event of receiving faulty goods are not affected.

Our rights to stop providing the services to you

We will make the course available to you via the Website from enrolment until the earlier of;

  • you fail to return the Learning Agreement to us within 14 days,
  • you tell your tutor or advisor, in writing, by email or by telephone that you have completed the course and no longer require access to the services or,
  • 90 days after your tutor marks the course as completed or achieved or,
  • you do not answer tutor emails or calls to you, and/or you do not do any activity in your course, for a period of longer than 28 days while you are on the course (unless you have agreed a break with your tutor in advance) or,
  • learndirect decides that your actions are unacceptable.

In any of the events above, we will withdraw your access to the course. If you wish to use the services after your access to the course has been withdrawn, you will need to enrol again.

We reserve the right to stop providing the services to you immediately if:

  • you do not follow the way in which you are allowed to use the course and the Website; or
  • you act in such a way as to threaten, intimidate or otherwise harass our staff or other learners; or
  • if you are in receipt of funding from the SFA, and you fail to comply with the requirements of the SFA as described either on the Website or in the Learning Agreement or in information given to you by learndirect when you enrol.

If we exercise this right we will tell you by email or by your chosen route. We will then immediately withdraw your access to the course.

 

Complaints

If you are not satisfied with any aspect of the services, please speak to your tutor or advisor, or contact us in the manner described in ‘Contact us’ section in the learning planner.

 

Our liability to You

We will not be liable if we cannot provide the services to you because of an event beyond our reasonable control. Such events include (but are not limited to) events such as, fire, flood, storm, strikes or other industrial action, failure of telecommunications services, war, riot, or the actions of any government or public body. If we are prevented from providing the services by such an event, we will take all reasonable steps to try to reinstate the provision of the services to you as soon as is reasonably practicable.

In no event will we be liable for any loss of profit, loss of earnings, loss of anticipated savings, loss of revenue or loss of goodwill that you may suffer. In no event will we be liable to you for any indirect or consequential loss that you may suffer.

We are not liable for any data that you lose either as a result of accessing the course or during completion of any course on the Website. It is your responsibility to ensure that you regularly save and back up all data which you hold on the computer from which you are accessing the course, and all data that you are inputting when completing the course.

Except where the above applies, our maximum aggregate liability for any claim that you may have against us in connection with the provision by us to you of the services, which is not otherwise excluded in these Terms and the terms and conditions of the Learning Agreement, (including without limitation where such claim arises as a direct result of any negligent technical advice provided by us), will be limited to the amount of the course fee which has been paid or is payable by you or on your behalf (regardless of the amount of any public funding for which you are eligible).

The exclusions and limitations of liability contained in these Terms, and the terms and conditions of the Learning Agreement, do not apply to any loss or damage resulting from death or personal injury caused by our negligence, loss or damages arising from our fraudulent misrepresentation, or any other losses which may not be excluded or limited by law.

 

Privacy and data protection

We treat your privacy very seriously. The information that you provide to us when you enrol for a learndirect course or at any other time is subject to the learndirect Privacy Statement. Please read this. It sets out what information we collect, when we collect it, what we use it for, and who we can give it to. If you would like further details about the information we collect and how it is used, please ask your tutor. By using this Website you agree that you have understood and accept the terms of the Privacy Statement and the learndirect Use of Cookies Statement.

When you started using the learndirect website, you selected what marketing information you wanted to receive. If you want to change these, please amend your personal profile.

 

SFA Privacy Notice

The SFA requires that we also tell you about its own privacy notice so that you understand how the SFA will use the information that we give them. It says:

How We Use Your Personal Information

The personal information you provide is passed to the Chief Executive of Skills Funding (‘the Agency’) and, when needed, the Department for Education, including the Education Funding Agency to meet legal duties under the Apprenticeships, Skills, Children and Learning Act 2009, and for the Agency’s Learning Records Service (LRS) to create and maintain a unique learner number (ULN). The information you provide may be shared with other partner organisations for purposes relating to education or training.

Further information about use of and access to your personal data, and details of partner organisations are available at:

http://skillsfundingagency.bis.gov.uk/privacy.htm,

and

http://www.learningrecordsservice.org.uk/documentlibrary/documents /Code+of+Practice+for+Sharing+of+Personal+Information.htm

If you want to change your options with the SFA or the LRS about their contacting you for surveys or research, or to tell you about courses and other learning opportunities, or how they can contact you, please contact your tutor.

 

Contacting learndirect

You can contact us:

  • by a message to you tutor
  • by calling us on 08000 925 101 if you have a question about your course
  • by calling us on 0800 101 901 if you have a problem with your computer whilst learning
  • by email at enquiries@learndirect.net
  • by post at: FREEPOST learndirect

 

11. General

Subject to the terms of any agreement we conclude with you if you enrol on a learndirectcourse, we reserve the right to withdraw all or part of the Website at any time.

These Terms and the terms and conditions of the Learning Agreement are governed by and will be understood in accordance with English law. The contract between us is concluded in the English language. Any dispute arising between us under or in connection with these Terms and the terms and conditions of the Learning Agreement shall be subject to the non-exclusive jurisdiction of the English courts.

These Terms, and terms and conditions of the Learning Agreement, constitute the entire agreement between us in relation to the provision by us to you of the Services, and they replace and supersede any prior arrangements between us in relation to the Services.

You acknowledge that you are not relying on any statement made by us or any of our representatives with regard to the Services other than those expressly set out in these Terms and the terms and conditions of the Learning Agreement. Nothing in this Paragraph shall exclude or restrict our liability for fraud or fraudulent misrepresentation.

The agreement between us which is comprised of these Terms and the terms and conditions of the Learning Agreement is not intended to be for the benefit of any third party, and shall not be exercisable by any other person under the Contracts (Rights of Third Parties) Act 1999 or otherwise.

The continued use of the Website following any changes to the Terms will mean that you accept such changes.

 

 

Part D

10. Terms applying if you purchase online Course Materials

These Terms and conditions apply to you if you are purchasing online Course Materials

Please read these Terms carefully before purchasing a Online Course.

For the purposes of these Terms:

  • you‘ means the individual using the Website
  • Course Materials‘ means the materials provided that enable you to complete a learndirect Course
  • Course‘ means the online or offline Course Materials, which are in a format that allows (i) downloading the Course Materials via the Website or (ii) accessing and viewing the Course Materials online (or a combination of both (i) and (ii)).
  • Course Fee‘ means the fee payable for a learndirect Course
  • Enrolment Key‘ means an alpha-numeric code that is generated by the Website if you are buying a course on behalf of your business. These codes can be distributed by you to individuals in your organisation to enable them to access a course.
  • Agent‘ means a third party organisation that has a contract with us to promote the products and services on the Website.
  • ‘Reseller’ means a third party organisation that has a contract with us to purchase the products and services on the Website and re-sell to other third parties.

Please note we do not sell course materials outside the UK (by this we mean England, Wales, Northern Ireland and Scotland).

 

Contacting learndirect

You can contact us:

  • by telephone on 0800 101 901 between 7:00am and 11:00pm, daily
  • by email at learndirectbusiness@learndirect.net
  • by post at learndirect, Learner Services, PO Box 900, Leicester, LE1 6ER;
  • by fax on 0116 201 8920.

The purpose of the Website is to provide individuals within small to medium sized Enterprises (companies in England, Wales and Northern Ireland with fewer than 250 employees) (“SME’s) with information on the range of courses and other products and services offered by or via the Website and to facilitate online access to these products and services where they are delivered online.

The materials on this Website are protected by our and by third party copyright and other intellectual property rights as described in the learndirect Copyright Statement .

If you are using the Website to buy access to courses on behalf of your business, you may provide access to Course Materials to individuals within your organisation as set out in these terms.

Where you have been granted access to Course Materials, either as a result of your own online purchase or because you have been granted access rights by someone else, you may not re-sell access to the materials or otherwise distribute “Enrolment Keys” to anyone except as permitted under these Terms or as permitted in writing by us.

 

Third Party Links

The Website may provide links to third-party websites from time to time. This may include links to sites owned by associated companies of learndirect, including Agents and Resellers of learndirect. These third-party links are provided for your convenience only and are accessed at your own risk. We are not responsible in any way for the content of any third party website or for goods or services provided by the operators of such websites.

 

Amendments to the Terms

We reserve the right to amend these Terms from time to time. When we make a change we will update this page of the Website. The date of the last revision to these Terms is provided at the end of the Terms. We recommend that you revisit this page from time to time to ensure that you are aware of any changes that we have made to these Terms.

 

Terms applying if you register as a user of the Website

Individuals will need to register in order to purchase or access Courses that are sold from the Website. By registering, you are creating a “user account”.

 

Registration

To register as a user of the Website you must be at least 16 years old. You agree that the information that you provide to us on registration and at all other times will be true, accurate, current and complete and you agree that you will ensure it is kept accurate and up to date at all times. We may refuse to accept your application to register as a user of learndirect for any reason in our absolute discretion.

 

Password

When you register as a user of the Website you will be asked to select a user name and password. As you will be responsible for all activities that occur under your user name and password, you should take care to keep your user name and password confidential. You must notify us immediately of any unauthorised use of your user name or password or if you believe that your user name or password are no longer confidential. We reserve the right to require you to alter your username and password if we believe that they are no longer secure or for routine security. You can alter your password via the Website.

The information that you provide to us upon registration and at any other time is subject to the learndirect Privacy Statement.

 

Technical Support

learndirect provides technical support to individuals who have registered on the Website. Technical support is provided on the basis that it is your responsibility to ensure that any computers that are used to access the Website and the Course Materials meet the relevant minimum specification described on the Website.

On the Website we will provide:

  • Technical specifications for each Course
  • Samples of each type of Course (to allow you to test that the Course will work on your computer before you buy).
  • Frequently Asked Questions (FAQs) to help you to diagnose / overcome any technical issues
  • A phone number and e-mail address for our customer helpline.

Requests for technical support will be routed to the learndirect Learner Services helpline. We use reasonable skill and care in providing such technical support and will use reasonable endeavours to ensure that technical support is available but cannot guarantee uninterrupted availability.

learndirectwill provide the following customer support:

  • A customer helpline. This helpline will normally be available 7 days a week, with core hours of 7am to 11pm and will be accessible by phone and email. The helpline will be staffed by appropriately trained staff.
  • The helpline will provide customers with:
    • Pre-purchase information and support
    • Assistance with the purchase and enrolment process
    • Post-sales technical support and help with any account management, access issues or refunds.

Tutor support (e.g. content-specific) support will not be provided.

You acknowledge and accept that periods of downtime may be required in respect of the learndirect IT infrastructure in the circumstances outlined in these Terms (dealing with unavailability of the Website) and that technical support may not be available during such periods of downtime. You accept that you will not have a claim for breach of contract (either against us or your learndirect Agent or Reseller) or otherwise in respect of such period of unavailability.

We exclude all other warranties, express or implied, as to the performance and availability of the technical support service, except as expressly stated in these Terms and Conditions. We do not guarantee that the technical advice provided by us will resolve your technical problems. If you decide to avail of such technical advice, you should ensure that such advice is strictly followed.

 

Suspension and termination of your account

You agree that we may at any time without notice terminate your user account and delete all information stored on it, unless it contains Course Materials that have not exceeded their expiry date.

You agree that we may terminate your user account if our agreement with the Agent or Reseller who sold you this Course no longer has a licence from us.

Subject to the terms of any agreement we conclude with you if you enrol on a Course via the Website, we reserve the right to withdraw all or part of the Website at any time.

 

Terms Applying if you buy or access any Course on the Website

These Terms apply to the sale of any Course advertised on the Website, and to the subsequent access of these Courses. These Courses are provided as part of a stand-alone “learndirect ” offering. Tutorial support is not provided in respect of these Courses. Please read these Terms carefully before purchasing a learndirect Course and print off a copy for your records.

 

Formation of a contract of sale (if you buy online from www.learndirect.com)

In order to purchase and access a Course, you must register as a user of the Website. If you are already registered as a member of learndirect, you can log onto your customer account using the user name and password that you chose when you registered.

When you place an order for a Course you are offering to purchase that Course on these Terms. We shall have the right to decline or cancel your order. You can change your order at any time up to the submission of your credit or debit card details by using the “back button” of your web browser.

You will receive confirmation (via the website and by email) from NetBanx, our payment processor, once they have approved your card transaction. A legally binding agreement shall not come into existence until we have accepted your offer to purchase a Course by means of a separate confirmation email from us, which will be effective upon sending.

For large orders, we may provide an offline order and invoice process. Where this is provided it is subject to these Terms.

We reserve the right to withdraw at any time Courses advertised for sale on the Website.

 

Payment by you of the Course Fee (if you have purchased online via the learndirect business website)

You agree to pay us the Course Fee.

The Course Fee for any Course at any given time will be displayed on the Website. Course Fees are quoted in pounds sterling, excluding VAT, however, VAT is payable. The total cost of the Courses and the VAT payable is shown on the shopping basket prior to the online transaction.

We will debit the Course Fee from your credit card or debit card on or after the day you make an order for a Course. Credit or debit card details are collected over a secure link. Please see our Privacy Statement for more information on privacy and security.

We reserve the right from time to time to change the amount of the Course Fee. In the unlikely event that due to a technical error, the amount of the Course Fee is incorrect, we will notify you as soon as we reasonably can. If the correct price is higher than advertised, you will be entitled to choose between receiving a refund of the monies that you have paid to us (in which case the Course Materials will not be sent to you and/or you will not be able to access the Course Materials for the purposes of downloading or completing the Course online) or to pay the balance of the Course Fee to us. If the correct price is lower than advertised, we will refund the balance of the Course Fee to you.

 

Other Changes

You may incur additional charges to your Internet Service Provider while you are accessing and / or downloading the Course Materials. Additional charges may also be payable to third parties for use of the software necessary to access and / or download the Course Materials. You are responsible for paying these charges.

 

Provision of Access

(a) If you have purchased online via the learndirect website

We will provide you with access to online Course Materials after we have confirmed your order by email. This will immediately follow a successful online transaction.

The online purchase process prompts you to specify whether you are:

a) buying for yourself or

b) buying for your business.

Where you have specified that you are buying for yourself, in order to access Course Materials, you will be able to access the Course Materials by logging on the Website using your registration details. The Course Materials can be accessed by you through the “my courses” page of the Website.

Where you have specified that you are buying for your business, or if you have purchased multiple copies of the same Course, the Website will generate a series of “Enrolment Keys”. An Enrolment Key is a string of numbers and letters which will allow an individual to access the relevant Course Materials through the Website after registration. Each Enrolment Key can be used by one person to access a specific Course. You may supply Enrolment Keys that we provide to you to individuals within your organisation (“Enrolment Key Holders”), for the purpose of providing them with access to the Course Materials.

b) If you purchased online Course Materials from one of our Resellers, you will be given access to the materials by the Reseller.

Please note that it is your responsibility to check that the computer you plan to use to access your Course Materials is compatible with the minimum specification requirement that relates to the Materials you are ordering. The minimum specification for each course is provided on the Website.

You accept that you will not have a claim for breach of contract (either against learndirect or an Agent or Reseller of learndirect) or otherwise in respect of any period of downtime/ unavailability of the website in circumstances similar to those outlined in Part A paragraph 1 of these Terms (dealing with the accessibility of the Website

 

Delivery of Offline Products (CD Roms, DVD etc)

If the Course Materials are delivered in CD-ROM or other offline format, we will use reasonable endeavours to ensure that such materials will be despatched within 48 hours and should be received within 5 working days of purchase.

 

Your Right to Use the Course Materials and your Related Obligations

Online Course Materials: In consideration of receipt by us of the Course Fee, we grant to you a non-exclusive, non-transferable licence to use the Course Materials for the sole purpose of personal home or work use. As such, you and any Enrolment Key Holder may make copies of the Course Materials as necessary incidental acts during your viewing of it, and you may print for your personal use so many pages of the Course Materials on the Website as are reasonable for private purposes.

Save as expressly set out in these Terms, you may not modify, copy, reproduce, re-publish, upload, post, transmit or distribute in any way any of the Course Materials. Any use of the Course Materials not expressly permitted in these Terms is strictly prohibited and will constitute an infringement of either our copyright or our other intellectual property rights, and / or the copyright or other intellectual property rights of our licensors.

Offline Course Materials -CD Roms, DVDs etc: In consideration of receipt by us of the Course Fee, we grant to you a non-exclusive, non-transferable licence to use the Offline Course Materials for the sole purpose of personal home or work use. As such, you and any Enrolment Key Holder may print for your personal use so many pages of the Offline Course Materials as are reasonable for private purposes.

Save as expressly set out in these Terms, you may not modify, copy, reproduce, re-publish, upload, post, transmit or distribute in any way any of the Offline Course Materials. Any use of the Offline Course Materials not expressly permitted in these Terms is strictly prohibited and will constitute an infringement of either our copyright or our other intellectual property rights, and / or the copyright or other intellectual property rights of our licensors.

 

Your Right to Cancel the Course

How long do you have to change your mind about purchasing Course Materials?

(a) If you have purchased online via the learndirect website.

You may cancel your purchase of Course Materials within the following periods:

Online Course Materials: You may cancel your purchase of Course Materials within a period of 7 working days beginning on the day after the day on which the contract is concluded with you as notified by email confirmation from learndirect in accordance with these Terms.

Course Materials in CD-ROM or other offline format: You may cancel your purchase of Offline Course Materials within a period of 7 working days beginning with the day after the day on which you receive the CD-ROM or other offline materials.

These periods are called “cooling-off periods” and we will credit the Course Fee to your credit or debit card as appropriate within 28 days of receiving your notice of cancellation.

During the cooling-off period, you may cancel your order by post, telephone, email or fax using the contact details at the end of Paragraph 1.

(a) If you have purchased online from one of our Authorised Resellers

You may cancel your purchase of Course Materials within the following periods:

Online Course Materials: You may cancel your purchase of Course Materials within a period of 7 working days beginning on the day after the day on which the contract is concluded between you and the Reseller.

Course Materials in CD-ROM or other offline format: You may cancel your purchase of Offline Course Materials within a period of 7 working days beginning with the day after the day on which you receive the CD-ROM or other offline materials.

These periods are called “cooling-off periods” and during this period you should contact the Reseller who will arrange a refund.

Exceptions to the right to cancel during the cooling-off period.

You cannot cancel your purchase of Course Materials if you have accessed the Course Materials (as the contract will be deemed to have commenced at the time of access), unless the Course Materials are faulty.

Offline Course Materials must be returned to us in their original condition with the security seals intact. You cannot cancel your purchase of Offline Course Materials comprised of CDs, DVD or tapes with audio or video recordings or computer software if the security seal has been broken, unless such items are faulty.

Your statutory rights in the event of receiving faulty goods are not affected. However, we reserve the right to independently test any returned item. Where the result of such tests proves that the item is not faulty, we will return the item to you and charge you the direct cost of re-delivering such item. For this reason, where possible, we advise you to check the Offline Course Materials on a second machine or alternative equipment before returning them to us. Conversely, where the result of such tests proves that the item is faulty, you will not be charged for the cost of sending any replacement product.

 

Quality of the services

We will provide the Course Materials in accordance with the Course description which is set out on the Website.

We do not make any commitment to you that the Course will meet any specific requirements that you have and we expect you to take reasonable care to verify that the Course in question will meet your needs. We do not make any commitment to you that you will obtain any particular result from your use of the Course Materials or that you will obtain any particular qualification on completion of the Course (unless otherwise stated on the Website).

Other than the stated minimum technical specification, we do not make any commitment that the Course Materials will be compatible with or operate with your software or hardware.

All representations, warranties and/or terms and/or commitments not expressly set out in these Terms (whether implied by law, conduct, statute or otherwise) are hereby excluded to the maximum extent permissible at law.

 

Our Rights to Stop Providing the Services to you

If you have purchased online Course Materials via the learndirect website, we will make the Course Materials available to you for a period of six months after which point we will suspend your access to the course. This six month period starts immediately following the issue of your confirmation email. If you purchased the materials from one of our Resellers the six month period is from the date the Reseller gives you access to the materials. If you wish to access the Course Materials after your access has been terminated, you will need to submit a new order via the Website or contact the Reseller from whom you purchased the Materials. In certain circumstances, for example if you suffer from a disability, we may extend the time period in which you may access the Course Materials. To enquire about such an extension, please contact us via contact details above.

We reserve the right to suspend your access to online Course Materials immediately in the event that:

  • you fail to comply with the clause of these Terms which deals with the manner in which you are permitted to use the Course Materials and the Website; or
  • you fail to conduct yourself in an appropriate manner when communicating with or receiving support from us. By this we mean that you act in such a way as to threaten, intimidate or otherwise harass our staff.

If we exercise this right we will notify you and will then immediately suspend your access to the Course Materials.

 

Our Liability to you

Notwithstanding these terms;

The exclusions and limitations of liability contained in these Terms do not apply to:

  • [your statutory rights as a consumer, nor your right to return the Course Materials;]
  • any other losses which may not be excluded or limited by law.

We make every effort to perform our obligations under our contract with you. However, we cannot be held responsible for delays or failure to perform if such delay or failure is caused by circumstances beyond our reasonable control. In the event of a delay, we will perform our obligations as soon as reasonably possible.

We are not responsible to you for any data that you lose either (a) as a result of accessing the Course Materials; or (b) during completion of any Course via the Website. It is your responsibility to ensure that you regularly save and back up (i) all data which you hold on the computer from which you are accessing the Course Materials, and (ii) all data that you are inputting when completing the Course.

In the event that we recommend that you either enable cookies or download certain publicly accessible software to ensure that your computer is capable of accessing the Course Materials, you do so at your own risk.

Except as set out in these Terms, our maximum aggregate liability to you for any claim that you may have against us, under or in connection with, the provision by us, to you, of the Course Materials and associated technical support which is not otherwise excluded in these Terms (including without limitation where such claim arises as a direct result of any negligent technical advice provided by us) shall be limited to the amount of the Course Fee which has been paid, or is payable, by you or on your behalf.

Each provision of this paragraph shall be construed separately as between you and us. If any part is held by a court to be unreasonable, inapplicable or unenforceable, then the other parts shall still apply.

 

 

Part E

Skills test question trial prize draw: Terms and Conditions

Please read these Terms and Conditions carefully before entering the monthly prize draw

1. Entry into this prize draw is open to candidates completing a standard Skills Test during the trial periods. Entrants must fully complete the trial group of questions allocated to them at the end of their test and submit these correctly in order to be eligible for entry into the prize draw.

2. You must be aged 16 and over to enter. No purchase is necessary to enter.

3. This prize draw is not open to learndirect employees, contractors, test centre staff or agents, Department for Education staff or anyone else connected with the prize draw.

4. Details of how to enter form part of the Terms and Conditions. Entrants shall be deemed to have accepted these Terms and Conditions

5. One prize draw will be held for each month that the question trial runs. The winner of each prize draw will win an iPad. The Promoter accepts no responsibility for any costs associated with the prize that are not expressly included in the prize, such as internet and for any other charges incurred in using the prize.

6.The closing date for the monthly prize draw is the final date on which tests are undertaken in each month. Only candidates completing standard test attempts within the calendar month will be eligible for inclusion in the prize draw.

7. Entries where all trial questions are not attempted will not be accepted. The Promoter accepts no responsibility for entries that are incomplete or cannot be delivered or entered for any technical or other reason.

8.There is no cash alternative to the prize on offer and the prize is non-transferable.

9. The winning entry will be selected from all entries received by the closing date in accordance with these Terms and Conditions by a party independent to this competition one week after the closing date.

10. The winner will be notified via email within two weeks of the closing date.

11. If the Promoter is unable to contact the winner, or the winner does not respond to the Promoter within 2 weeks of being notified of their win or should the winner be unable to accept the prize, the Promoter reserves the right to award the prize to an alternative winner, drawn in accordance with these Terms and Conditions.

12. The Promoter¿s decision on the winner is final and no correspondence will be entered into.

13. Events may occur which render the competition or the awarding of the prize impossible due to reasons beyond the control of the Promoter and therefore the Promoter may at its absolute discretion vary or amend the prize draw and the entrant agrees that no liability will attach to the Promoter as a result thereof.

14. The Promoter accepts no responsibility for any damage, loss, liabilities, injury or disappointment incurred or suffered by entrants or the prize winner. The Promoter further disclaims any injury or damage to the entrant¿s or any other person¿s computer relating to or resulting from participation in any materials in connection with the competition.

15. The competition and these Terms and Conditions will be governed by English law and entrants submit to the exclusive jurisdiction of the English courts.

Last Updated: May 2015

 







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