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Explore our comprehensive Terms and Conditions page for a clear understanding of our guidelines and agreements governing your experience with Open Learning College
In this Agreement unless otherwise stated:
(i) “Distance Learning Package” shall mean the course(s) identified and all related Materials, support, and tuition where applicable.
(ii) “Materials” shall mean the learning materials for the Distance Learning Package or any part of them (and shall include any replacement training materials and books if you transfer Distance Learning Package in accordance with Clause 5).
(iii) Your “Support Period” depends on which course you choose to study and will be between one to two years unless otherwise stated in your course materials.
(iv) singular words shall include the plural and vice versa; and
(v) headings are included for convenience only and shall not affect the construction or interpretation of this Agreement
(i) We agree to sell, and you agree to buy the Distance Learning Package for the Total Cost/Cash Price and on the terms set out on this page and in the agreement, we send you.
(ii) Under no circumstances shall we be deemed to have received payment until payment has been received by us in full and cleared.
(iii) All course material remains the property of Open Learning College until the final payment has been received by us and cleared.
(i) We will release the materials to you in full once you have enrolled on your chosen course.
(ii) You will inspect the materials promptly following delivery. You will tell us about any omission as soon as it is reasonably possible.
(i) During the Support Period, we will provide you with support and tuition as set out in [the promotional Materials & website].
(ii) If requested, we may at our sole discretion, extend the Support Period for an agreed fee.
(iii) If you are sitting an external examination at the end of your Distance Learning Package, we will provide you with such information as we have in our possession to assist you in making such examination arrangements. In all other respects, you will be solely responsible for planning to enable you to sit the examination and for all fees in relation thereto.
(iv) If we, at our sole discretion, assist you in making your examination arrangements by providing you with information about the time and location of local examinations or reserving an examination place for you, you acknowledge that we shall not be responsible for any losses incurred by you as a result of inaccurate information provided in connection with any such arrangement except such losses, excluding business losses, caused by failure to act with reasonable care and skill.
(i) If you wish to transfer to a different course, we may at our sole discretion agree to such transfer.
(ii) Unless you are paying under a Credit Agreement, if we agree that you may transfer to a different course, we will transfer the fees paid for the Distance Learning Package you wish to discontinue towards the amount payable for the new course PROVIDED THAT we receive payment from you for the balance of fees due in respect of the new course (if more expensive than the discontinued Distance Learning Package) and an agreed transfer fee will be payable to cover our tuition and/or administrative costs.
(i) We warrant that the materials will be of satisfactory quality but do not warrant that the materials will be error free.
(ii) We warrant that we will perform any services provided hereunder with reasonable skill and care.
(iii) We intend to rely on the written terms set out here in this document. If you require any changes, please ensure you ask for these to be put in writing. In that way, we can avoid any problems surrounding what we, and you, are expected to do.
(iv) Other than in respect of liability for death or personal injury arising from our negligence, we shall not be liable for:
– (a) losses that were not foreseeable to both parties when this Agreement was made.
– (b) losses that were not caused by any breach on our part.
– (c) business losses and/or losses to non-consumers.
(v) Our liability for direct losses arising out of our negligence (other than in respect of liability for death or personal injury), breach of contract or any other cause of action arising out of or in connection with this Agreement shall be limited to the total price paid for the Distance Learning Package as quoted.
(vi) Other than in respect of liability for death or personal injury arising from our negligence, we shall not be liable for any indirect or consequential loss or damage whatsoever (including without limitation any loss of profits, loss of revenue, loss of opportunity or your liabilities to third parties) which you may suffer arising out of or in connection with this Agreement.
(i) No relaxation or indulgence which we may extend to you shall affect our rights under this agreement.
(ii) If any part of this agreement is held to be unenforceable the remaining terms and conditions shall continue in force.
(iii) All liabilities or obligations arising under this agreement shall be enforceable against you after termination of this agreement.
(iv) You will notify us immediately in writing of any change in your address and other contact details. Any notices required to be served under this agreement, or in accordance with the Act will be deemed properly served if sent by way of prepaid first- class post to your last known address or by email to your registered email.
(v) This Agreement shall be governed and construed in accordance with the laws of [England] and you hereby agree to submit to the non-exclusive jurisdiction of the [English Courts].
Your statutory right under the consumer protection (Distance Selling) Regulations 2000, allows you fourteen working days from the day after receipt of materials in which to make a written request for cancellation.
(i) The rights set out in this Clause will only apply where you are a consumer.
(ii) If you are a consumer, you may have the right to end the contract where:
(a) if you end the contract because of something we have done or have told you we are going to do;
(b) if you are a consumer and have just changed your mind about the course;
(c) if what you have bought is faulty or misdescribed; or
(d) in all other cases (if we are not at fault and you are not a consumer exercising your right to change your mind).
(iii) If you are ending the contract because of something we have done or are going to do we will refund you in full for any products which have not been provided and you may also be entitled to.
(iv) Compensation, this Clause will apply where;
(a) we have told you about an upcoming change to the course or these terms which you do not agree to;
(b) we have told you about an error in the price or description of the course you have ordered and you do not wish to proceed;
(c) there is a risk that supply of the course may be significantly delayed because of events outside our control;
(d) we have suspended supply of the course for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 90 days; or
(e) you have a legal right to end the contract because of something we have done wrong.
(v) Once you have placed an order for one of our courses, you may cancel the contract at any time within fourteen days (the “Cooling Off Period”). Where you have purchased a service, the Cooling Off Period shall run from the date on which we emailed you in order to confirm our acceptance of your order. Where you have purchased goods, the Cooling Off Period shall run from the day after you received the goods. In this case, you will receive a full refund of the fee paid in accordance with our refunds policy below.
(vi) The Cooling Off Period will not apply, and you will not receive a refund in relation to any of the courses provided by the College (including those which are provided in conjunction with any other organisation such as EDPLX.COM) where: (a) once the Services have been completed; (b) where you have logged into or accessed the course; (c) where you have broken a security seal on any item sealed for health and protection purposes; (d) where you have broken a security seal on any item including sealed or audio video recordings or sealed computer software; or (e) any products which become mixed inseparably with other items after their delivery.
(vii) To cancel a contract, you must inform us in writing by sending a cancellation letter by Royal Mail recorded delivery to our registered office address, or by email to hello@openlearningcollege.ac. You must also return any course and course materials sent to you immediately, in the same condition in which you received them, and at your own cost and risk. A cancellation is not final until course materials are returned. You have a legal obligation to take reasonable care of the course materials whilst they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.
(viii) If, in our sole opinion, any course (including any Course materials) are not returned to us in the same condition you received them, you may be charged a replacement charge.
(ix) After the Cooling Off Period has elapsed, we cannot accept courses or course materials being returned unless you have a statutory right to do so as set out above.
(i) You will pay the Deposit shown online when you enrol and the outstanding balance of the total cash price by the instalments and on the dates specified in our welcome letter.
(ii) It is a fundamental term of the agreement that all payments should be made promptly and on time, you will be deemed to be in default if your payments are more than 30 days overdue.
(iii) If you fail to comply with any terms of this agreement, we shall be entitled to recover from you the reasonable costs and losses incurred by us as a result of locating you, communicating with you and collecting any unpaid sums. Such sums are payable on demand. In the event of legal action for breach of payment, you will be responsible for all costs allowable by the court if an award is made in our favour.
(iv) Failure to return your instalment agreement within 30 days will invalidate this agreement and you will forfeit your initial deposit payment.
(i) If, at any time during the course of the agreement, you notify us that you no longer wish to pursue the Distance Learning Package we may, in our absolute discretion, agree to waive our rights to the sums payable under Clause 12 upon payment by you of all sums due under Clause 12 and apply an administration fee of £75.00, upon condition that you waive all rights to delivery of any and all materials.
(ii) If you wish to be considered for a discretionary waiver, you should contact us by letter or telephone.
(i) If: (a) you fail to pay any amount due under this agreement; (b) you breach any of the other terms and conditions, express or implied, of the agreement; or (c) any information provided by you in the making of this agreement proves to be incomplete or inaccurate, we shall be entitled, after the expiry of a Default Notice served on you, to terminate this agreement.
(ii) If this agreement is terminated you will pay us the unpaid balance of the balance payable, less any applicable rebate, plus all expenses, charges, and costs in accordance with Clause 10.
(i) Open Learning College shall not be obliged to replace free of charge any materials pursuant to Clause 6
(ii) if any monthly instalments or other sums are due and unpaid under this Agreement as at the date of the claim.
This privacy statement applies to any personal data you may give to Open Learning College. We collect any personal data you may give us when you begin your course. We will also collect contact details from prospective students.
We maintain data on your transactions with us as well as your use of our services. We would like to use your personal data to provide you with further information about our products and services, please indicate if you do not want to be contacted by mail, email, or telephone.
The Data Protection Act 1998 gives you the right to access the information that we hold about you. Please note that any demand for access may be subject to payment of a fee of £10 which covers our costs in providing you with the information requested. Should you wish to receive details that we hold about you please contact us using the contact details on this agreement.
We will not pass on your details to any third party. To receive a copy of the full privacy statement or to access or modify your information or change your preferences, please contact us.
PLEASE ALWAYS REFER TO OUR WEBSITE FOR THE LATEST COURSE INFORMATION, PRICING AND TERMS AND CONDITIONS.
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