Order for Program – Terms and Conditions (Card Payments)

Parties

“Department of Product” means Department of Product Ltd  who will provide the Programme. Department of Product Ltd is registered in England number 10372005, and its registered office address is: Amba House, 3rd Floor, 15 College Road, Harrow HA1 1BA

In these terms and conditions “we” and “Training Provider” means Department of Product Ltd and “our” and “us” shall have the corresponding meaning; “you” shall mean you the customer and “your” shall have the corresponding meaning.

1. Definitions

1.1 In these Terms and Conditions (“Terms”) unless specified the following words shall have the following meanings:

“Syllabus” means syllabus of programme published by the Training Provider from time to time;

“Consumer Cancellation Period” means the period up until the relevant Programme is delivered (which shall for this purpose be defined as access by you to the Materials or the Online Learning Environment) or the end of 14 calendar days from the date of purchase, whichever is shorter;

“Programme” means a programme identified in an Order and consists of associated learning guides, tuition, support services, resources and access to on-line materials.

“Programme Start Date” means the date of commencement of the Programme, which is the same date as the date you receive access to the Online Learning Environment. You will be notified of your log-in details via email on your Programme Start Date.

“Intellectual Property Rights” means patents, designs, trademarks, service marks, trade names, logos, get-up, domain names, copyright (including rights in computer software),database rights, rights in performances, moral rights, confidential information and know-how, whether registered or not including applications for registration and all similar forms of protection anywhere in the world;

“Third Party Content” means content owned by third parties to which we may signpost Students towards including but not limited to websites, blog posts, social media, documents, videos, podcasts, quotes, potential names/trademarks;

“Materials” means items associated with the Programme either issued at the commencement of the Programme or at a later stage;

“Online Access” means access to the Training Provider’s on-line learning community and online learning material (the “Online Learning Environment”);

“Order” means an order submitted by you to us to procure a Programme for you from the Training Provider.

“Price” means the price of the Programme, including carriage, packaging and VAT and confirmed in writing;

“Site” means the Training Provider’s website;

2. General

2.1 These Terms (together with the documents referred to in it) set out the terms and conditions on which we agree to supply you with any Programme (s) ordered by you via our site. You should understand that by ordering any of our Programme (s) you agree to be bound by these Terms. You should retain a copy of these Terms for future reference.

2.2 By placing an Order you warrant that you are legally capable of entering into binding contracts and you are at least 18 years old but under 76 years of age and in good health .

2.3 You agree to be entirely responsible for any activities made using your account details and password. In this respect you shall ensure that any password you choose to gain Online Access remains confidential at all times. In the event that you either lose your password or account details or become aware that a third party may have access to or is using your password or account details you shall notify us

2.4 You should ensure that any information you provide to us is complete, accurate and current and that you notify us immediately of any changes in the details with which you registered to gain On-line Access or purchase Programme(s).

2.5 We reserve the right to: (a) suspend or terminate access to On-line Access and/or cease to provide the Services where you are in breach of these Terms; (b) delete, vary or change any content in the Training Provider’s Syllabus or Site at any time; and(c) terminate or cancel Orders (although we will not charge you for any Orders which we cancel for reasons which are not due to your default).

3. Payments

3.1 The Price for the Programme must be paid in full prior to the Programme Start Date, or as otherwise defined in the Order.

3.2 The Price for the Programme is payable by you prior to delivery, and shall be payable by you in full by credit/debit card.

3.4 Prices are liable to change at any time, but changes will not affect Orders already accepted in accordance with clause 4.

4. Order and delivery of the program

4.1 An Order shall be deemed to be an offer by you to purchase the Programme on these Terms, which we shall be free to accept or decline at our absolute discretion.

4.2 We will grant Online Access and send login details to the last email address provided to us. Proof of delivery of login details (or use of the Online Learning Environment) will bind you to these Terms.

5. Services

5.1 By accepting these Terms, you also agree to the provision by the Training Provider of the Services set out in this Clause 5.

6. Online access

6.1 As part of your Programme you will need to log on to the On-line Learning Environment to access Materials and complete your Programme. Whilst doing so you agree to abide by the rules of the Online Learning Environment set out therein from time to time. We reserve the right to cease or suspend access to the Online Learning Environment in the event that you breach any of these Terms or the rules of the Online Learning Environment.

6.2 We do not warrant that the Online Access will be uninterrupted or error-free or that defects therein will be corrected immediately. In the event of significant disruption to access which impacts the learning experience, we will endeavour to create contingency plans to ensure you can receive all the training expected from the Programme.

7. Intellectual Property Rights

7.1 The Intellectual Property Rights in the Programme(s), Materials and the Online Learning Environment are owned by and shall remain vested in the Training Provider or its licensors.

7.2 Save as expressly stated in these Terms, you shall not acquire any interest in any of the Intellectual Property Rights in the Programme (s), Materials, Online Learning Environment and/or the Software. You agree that you will not rent, lease, sub-license, loan, copy, modify, adapt, translate, reverse engineer, decompile, disassemble or create derivative works based on the whole or any part of the Programme(s) or use (other than as permitted under these Terms) reproduce or deal in the Programme(s) or any part thereof in any way.

7.3 By agreeing to these Terms we procure that we grant you a limited, non-exclusive, non-transferable and revocable licence to use the Programme only for your own personal use and for completing the Programme.

7.4 Where Online Access is granted by the Training Provider you agree that: (a) the licence granted to you to access the content on the Online Learning Environment shall be personal to you and you should take all reasonable precautions to ensure that your log-in details are kept secure and not provided to any other party. You shall comply at all times with the rules of the Online Learning Environment as applicable from time to time; (b) upon termination or in circumstances where payment has not been received by us in respect of the Programme in full we may suspend or terminate your Online Access.

8. Third Party Content

8.1 During the Programme we may signpost you to Third Party content. This means you may leave our Site and visit a website that is not operated by us. We are not responsible for the content or availability of linked sites.

8.2 In instances where we provide links to other third party websites that may be of interest to our website visitors, when you click on these links you will leave our Site and will be redirected to another site. These sites are not under the control of the Training Provider.

8.3 We are not responsible for the content of linked third party websites. We are not an agent for these third parties nor do we endorse or guarantee their products. We make no representation or warranty regarding the accuracy of the information contained in the linked sites. We suggest that you always verify the information obtained from linked websites before acting upon this information.

8.4 The security and privacy policies on these sites may be different to our policies, so we suggest you read third party privacy and security policies closely.

8.5 If you have any questions or concerns about the products and services offered on linked third party websites, please contact the third party directly.

9. Termination

9.1 We may terminate the agreement set out in these Terms if: (a) you are in material breach (including non-payment) of any provision of these Terms which is not remediable or, if remediable, is not remedied with a period of thirty (30) days after we have given notice to you requiring such breach to be remedied. In such circumstances we will be permitted (without liability) to procure that the Training Provider suspend the provision of the Services to you and your Online Access until such a breach has been remedied; (b) you carry out any unauthorised act with regard to the Programme which infringes our Intellectual Property Rights.

9.2 You will be entitled to terminate the agreement set out under these Terms under Clause 13 below.

9.3 If either party terminates the agreement set out in these Terms, you must cease using the Services and Online Access immediately.

10. Limitation of liability

10.1 Our liability to you for any direct losses arising out of our negligence breach of contract or any other cause of action arising out of or in connection with these Terms shall be limited to the Price. This does not exclude or limit in any way our liability to you in respect of: (a) death or personal injury caused by our negligence; (b) under section 2(3) of the Consumer Protection Act 1987; (c) for fraud or fraudulent misrepresentation; or (d) for any matter for which it would be illegal for us to exclude, or attempt to exclude or limit, our liability.

10.2 Other than in respect of liability referred to in Clause 8.1 (a) to (d), we shall not be liable for any indirect or consequential loss or damage whatsoever for any loss of profits, loss of data, loss of revenue, loss of opportunity or your liabilities to third parties which you or any third party may suffer however arising and whether caused by tort (including negligence), breach of contract or otherwise.

10.3 The information in the Training Provider’s Syllabus or Site may be updated from time to time and may be out of date when read or viewed by you. No responsibility for keeping such information in these pages up to date is taken by us or liability for not doing so.

10.4 We cannot guarantee that the On-line Learning Environment or the Software is free from computer viruses or any other malicious or impairing computer program. You should therefore ensure that you employ all reasonable precautions when accessing the On-line Learning Environment or downloading the Software. Technical inaccuracies and typographical errors may appear on the pages the On-line Learning Environment from time to time.

10.5 We shall have no liability (including liability for negligence) for the acts or omissions of telecommunications service providers or for failures of, or faults in their networks and equipment.

10.6 We reserve the right to change prices, information and specifications relating to the Programme from time to time subject always to our commitments set out in Clause 3 above.

11. Other terms

11.1 These Terms and any documents expressly referred to in them represent the entire agreement between us and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.

11.2 If we fail, at any time, to insist upon strict performance of any of your obligations under these Terms, or if we fail to exercise any of the rights or remedies to which we are entitled under the Terms, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations. A waiver by us of any default shall not constitute a waiver of any subsequent default.

11.3 If any of these Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

11.4 Any notices required to be served on us shall be served at our Registered Office. We may give notice to you at either the e-mail or postal address you provide to us when placing an Order, or we may post the notice on our Site (where of general application). Notice will be deemed received and properly served immediately when posted on our Site, twenty-four (24) hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail that such e-mail was sent to the specified e-mail address of the addressee.

11.5 The agreement set out in these Terms is binding on you and us and on our respective successors and assigns. You may not transfer, assign, charge or otherwise dispose of the agreement set out in these Terms, or any of your rights or obligations arising under it. We may transfer, assign, charge, sub-contract or otherwise dispose of the agreement set out under these Terms, or any of our rights or obligations arising under it, at any time during the term of the agreement set out under these Terms.

11.6 These Terms are governed by English law. Any dispute arising from, or related to, these Terms shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.

12. Use of your data

12.1 Any personal information collected by us will be used in accordance with the Data Protection Act 1998. The Training Provider will take reasonable & appropriate measures to keep students’ personal information secure. Any disclosures of information will be made only with your permission. The Training Provider may use your name, e-mail address, home address and telephone number to contact you for any matter relating to other Programmes in which they feel you may be interested in.

13. Cancellation

13.1. Under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2014 (“Consumer Contracts Regulations”) you may cancel your purchase of a Programme within a period of fourteen (14) calendar days (“Cancellation Period”) from the date of your purchase.

13.2 In addition to your rights under the Consumer Contracts Regulation 2014, we also offer the following refund and deferral policy for the Programme (where there is no legal right to a full refund under the Consumer Contracts Regulation 2014 or otherwise).

13.2.1 Prior to the 14th day after the Programme Start Date you may cancel your order. You will receive a full refund of any payment already received for the relevant Programme.

13.2.2 You may defer the start date of your Programme at any time up to the relevant Programme Start Date for no charge.

 

13.2.3. Following any deferral by you, the Consumer Cancellation Period remains in effect with respect to the original Programme Start Date as defined in the original Order.

13.3 If you wish to cancel or defer an Order you should, as soon as possible, contact our ‘Student Services’ department by telephone, by email in writing to our registered address.

Email support@departmentofproduct.com or telephone: 0208 080 6499

Office hours are 8am-8pm Monday to Friday and Saturday 9.30am-4.30pm

13.4 In the case where a refund to you is due, we will process such refund as soon as possible and, in any case; within fourteen (14) days of the day you have given notice of your cancellation.

14 Complaints Procedure

14.1 Our standard channel for all complaints is through the “Student Services” department of the Training Provider and all such communications should be directed to their registered address.

Email support@departmentofproduct.com

Office hours are 8am-8pm Monday to Friday and Saturday 9.30am-4.30pm

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