Our Online Courses - Terms and Conditions
11th March 2015 onwards
These Terms and Conditions apply to the sale of any Course. Please read these Terms and Conditions carefully before purchasing a Course and print off a copy for your records. By ordering a Course, you are confirming your agreement to be bound by these Terms and Conditions.
- "Asynchronous Online Course" means an online course which does not have a predetermined start date and is available for study by you immediately following delivery by Susan Findlay;
- "Course" means either a Classroom Course and/or an Online Course whichever is purchased by you;
- "Fee" means the fee payable for the Course and/or Study Materials and shall exclude any VAT payable;
- "Online Course" means either an Asynchronous Online Course or a Synchronous Online Course and if applicable the Study Materials to be provided by Susan Findlay;
- "Online Study Materials" means, but is not limited to, Online Tests, Online Tutorials and Online Downloads;
- "Continuing Professional Development" means those Courses which are described as being professional development courses on the Website;
- "Synchronous Online Course" means an online course which is only available for access by you on a predetermined start date;
- "Website" means www.susanfindlay.co.uk and "you" means the individual purchasing the Course.
2. Ordering Procedure
2.1. Ordering via the Website
2.1.1. When ordering an online Course via the website, an online account will be created for you as part of the Course registration process. If you already have an online account, you can log onto your account using the details that you entered when ordering a Course
2.1.2. When purchasing a Course via the Website, you can cancel your order at any time up to the point at which you click the "Pay Now" button on the PayPal website. You can cancel your subscription or recurring payment in accordance with Clause 4.2 by following the relevant instructions in your PayPal account.
2.3. When you place an order for a Course via the Website you are offering to purchase that Course on these Terms. Susan Findlay reserves the right to decline or cancel your order, or any part of your order.
2.4. Following receipt by Susan Findlay of your order for a Course via the Website you will receive an automated email confirming that your order has been received by Susan Findlay. Your order will be subject to acceptance by Susan Findlay of your offer to purchase in accordance with Clause 2.5 below.
2.5. A legally binding agreement shall not come into existence until Susan Findlay has accepted your offer to purchase a Course by:
(i) sending you a separate order acceptance confirmation email which will be effective upon sending you an email to the address you have provided, and
(ii) receiving payment for the Course in cleared funds from yourself
2.6. Where your order consists of multiple Courses, each individual Course will be treated by Susan Findlay as a separate offer to purchase. Acceptance of your offer to purchase one or more of the Courses will not be an acceptance by Susan Findlay of your offer to purchase any other Courses which make up your order.
2.7. Susan Findlay reserves the right to withdraw at any time Courses advertised for sale on the Website.
3. Payment Terms
3.1. The Fees for any Courses at any given time will be displayed on the Website and are quoted in pounds sterling, exclusive of VAT.
3.2. If you purchase a Course on the Website:
3.2.1. the Fee including VAT and any delivery charges payable in relation to delivery of Study Materials, if applicable, will be shown prior to completion of the online transaction; and
3.2.2. Susan Findlay will debit the Fee from your credit card or debit card via Paypal on or after the day you make an order for a Course. Credit or debit card details are collected over a secure link and an authorised amount verification is taken immediately. Your order will be confirmed only upon receipt of the Fee in cleared funds by Susan Findlay and will be subject to acceptance of your offer to purchase by Susan Findlay in accordance with Clause 2.5.
4. Cancellation Rights
4.1 You must inform Susan Findlay of your decision to cancel by Emailing firstname.lastname@example.org within the Cancellation Period of 14 days depending on clause 4.2.
4.2 If the contract is for the supply of digital content, Online Study Materials your right to cancel and obtain any refund will be lost if you have given Susan Findlay express consent to supply the digital content to you during the Cancellation Period or if you access the digital content before the expiry of the Cancellation Period.
4.3 Your order of a Course is personal to you and you will not be permitted to transfer your enrolment on a Course to any other student.
4.4 Susan Findlay reserves the right to use discretion to determine whether to make refunds in exceptional circumstances which fall outside Clause 2 and to charge additional fees in any such event.
4.5 If Study Materials accompany your Classroom Course and these have been dispatched to you prior to you deferring your place on the Classroom Course, Susan Findlay will be under no obligation to provide you with any revised or updated Study Materials relating to your deferred Classroom Course and any additional Study Materials required by you will need to be purchased by you prior to commencing you deferred Classroom Course.
4.14. Where you have purchased multiple Classroom Courses as part of a membership and you cancel or defer one or more of those Classroom Courses, each Classroom Course which you cancel or defer will be treated separately and the relevant cancellation and deferral terms and administration costs set out in this Clause 4 and Clause 5 will apply to each cancellation or deferral.
5. Additional Cancellation Rights, Refund and Deferral Policy
5.1 Cancellation Policy for Classroom Courses and Synchronous Online Courses
5.1.1 In addition to your rights under the Consumer Contracts Regulations, subject to clauses 4.2, 5.5 and Susan Findlay also offers the following refund and deferral policy (where there is no legal right to a refund under the Consumer Contracts Regulations or otherwise).
5.1.2 You may cancel your order of a Classroom Course and/or Synchronous Online Course up to 14 days prior to the relevant Classroom Course and/or Synchronous Online Courses start date. You will receive a full refund of your Fees less a £80 charge to cover administration costs plus VAT where applicable. Where the cost of the Classroom Course and/or Synchronous Online Courses is less than £80, no refund will be payable by Susan Findlay and no additional administration costs in excess of the Fees will be due to you from Susan Findlay.
5.2 Deferral Policy for Continuing Professional Development Courses
5.2.1 You may defer the start date of your Continuing Professional Development Course at any time up to the working day prior to the relevant Professional Development Course start date, subject to availability on your chosen deferred Professional Development Course and upon payment by you of any difference in the Fees payable for the two courses and a £50 charge to cover administration costs plus VAT where applicable. You may only defer your Professional Development Course start date once within one year of the date of deferral. Deferrals are personal to you and you will not be permitted to transfer to any other student.
5.3 Deferral Policy for Synchronous Online Courses
5.3.1 You may defer the start date of your Synchronous Online Course at any time up to 14 days prior to the relevant Synchronous Online Course start date, subject to availability on your chosen deferred Synchronous Online Course and upon payment by you of any difference in the Fees payable for the two courses and a £50 charge to cover administration costs plus VAT where applicable. You may only defer your Synchronous Online Course start date once. You will receive a credit note from Susan Findlay within 14 days of receipt by written notice of your intention to defer, provided that you have complied with the relevant time periods set out in this section. You must retain this credit note and use the unique reference number printed on the credit note at the time of rebooking your deferred Synchronous Online Course. Credit notes can only be used once and must be used within one year of the date of issue by Susan Findlay, after which time the credit note will expire and will not be accepted. Credit notes are personal to you and you will not be permitted to transfer to any other student.
5.4 You must defer your Course by email email@example.com
5.5 Susan Findlay reserves the right to cancel a Continuing Professional Development Classroom Course at any time up to one working day prior to the commencement of such Continuing Professional Development Course. You will be entitled to a refund of any Fees paid.
6. Classroom Courses, Online Course Content and Access Terms
6.1. Please see the description of the Course on the Website for details of the contents of the available Courses.
6.2 You acknowledge that Susan Findlay operates a zero tolerance policy in relation to inappropriate behaviour of students. In particular abusive or violent behaviour directed at Susan Findlay's staff or other students and unfair or dishonest practices including but not limited to cheating, will not be tolerated under any circumstances. Susan Findlay may at its reasonable discretion and without liability or an obligation to refund Fees, refuse to supply any Classroom Course to any student and may refuse to admit to, and may remove from the premises, any student whose participation in any Classroom Course would be undesirable or whose behaviour is considered to be in breach of this Agreement.
6.3 In relation to Online Courses only the following points apply:
6.3.1 Upon receipt of a confirmation email from Susan Findlay you will be notified when you have access to the Online Course purchased and for the length of time stated in your receipt of payment.
6.3.2 The receipt of an Online Course is personal to you and you may not transfer your rights to access the Online Course or provide an Online Course to any other person.
6.3.3 You may incur charges to your internet service provider while you are accessing and/or downloading the Study Materials. Charges may also be payable to third parties for use of the software necessary to access and/or download the Study Materials. You are responsible to pay these charges.
6.4 In relation to Classroom Courses only the following points apply:
6.4.1 You must comply with all health and safety rules and regulations and any other reasonable security requirements that apply at the premises at which Classroom Courses are provided.
6.4.2 You must only use the premises at which Classroom Courses are provided for the purposes of participating in Classroom Courses.
6.4.3 Susan Findlay shall provide such presenters to present the Classroom Courses as it, in its sole discretion, deems fit and Susan Findlay shall be entitled at any time to substitute any presenter with any other person who, in Susan Findlay’s sole discretion, it deems suitably qualified to present the relevant Classroom Course.
6.4.4 You must sign an attendance register for each Classroom Course as required by the presenter.
6.4.5 Your personal possessions are your sole responsibility and Susan Findlay accepts no responsibility and/or liability for anything that is lost or stolen from its venues. You are advised during a Classroom Course to keep your valuables with you at all times.
7. Enhanced Online Study Classroom Product
7.1 If the Course you purchase grants you access to Susan Findlay’s online learning environment, Enhanced Online Study Classroom Product (EOS) then the following terms in this Clause 7 shall apply:
7.1.1 Upon receipt of a confirmation email from Susan Findlay you will be notified when you have access to the EOS content purchased and for the length of time such access will be made available to you, unless any such content is removed.
7.1.2 The receipt of the EOS content is personal to you and you may not transfer your rights to access the EOS content or provide the EOS content to any other person.
7.1.3 You may incur charges to your internet service provider while you are accessing and/or downloading the EOS content. Charges may also be payable to third parties for use of the software necessary to access and/or download the EOS content. You are responsible to pay these charges.
8. System Requirements
8.1 Please note that it is your responsibility to check that the computer you plan to use to access your Study Materials and the Online Course (and EOS where applicable) is compatible with the minimum specification requirement that relates to the Online Course you are ordering. You acknowledge and accept that Susan Findlay cannot be held responsible for any technical problems you encounter following the purchase of an Online Course.
9. Technical Support and Access
9.1 Susan Findlay will provide technical and content support to individuals who have purchased an Online Course in respect of the Online Course purchased (and EOS, where applicable), in accordance with the provisions referred to below.
9.2 If you report a fault to Susan Findlay we will use reasonable endeavours to provide a solution but Susan Findlay does not guarantee that the technical support provided will resolve your technical problems. If you receive technical advice from Susan Findlay then Susan Findlay will not accept any responsibility for any problem if you do not ensure that such advice is strictly followed.
9.3 Susan Findlay is not obliged to offer you any technical support in relation to your use of any of the free demonstrations available on the Website but Susan Findlay may elect to offer technical support and the extent of any such technical support is entirely at the discretion of Susan Findlay.
9.4 You accept and acknowledge that periods of downtime may be required in respect of the information technology infrastructure connected to the Website and that technical support may not be available during such periods of downtime. Further you accept that you will not have a claim for breach of contract or otherwise in respect of such period of unavailability.
9.5 Susan Findlay will use reasonable endeavours to make the Online Course (and EOS, where applicable) available but cannot guarantee uninterrupted, timely or error free availability or that defects will be corrected. Susan Findlay reserves the right to suspend access to the Website for the purpose of scheduled or emergency maintenance, repairs or upgrades to improve the performance or functionality of the Website.
9.6 You also accept and acknowledge that Susan Findlay cannot be held responsible for any delay or disruptions to your access to the Online Course (and EOS, where applicable) as a result of such suspension or any of the following:
9.6.1 the operation of the internet and the World Wide Web, including but not limited to viruses;
9.6.2 any firewall restrictions that have been placed on your network or the computer you are using to access the Online Course (or EOS, where applicable);
9.6.3 failures of telecommunications links and equipment; or
9.6.4 updated browser issues
10.1. Susan Findlay will provide the Study Materials in accordance with the Course description which is set out on the Website.
10.2. Susan Findlay expects you to take reasonable care to verify that the Course and Study Materials in question will meet your needs. Susan Findlay does not make any commitment to you that you will obtain any particular result from your use of the Study Materials or that you will obtain any particular qualification on completion of the Course (unless otherwise stated on the Website).
10.3. Susan Findlay does not make any representation, guarantee or commitment to you that the Study Materials will be error free.
10.4. Susan Findlay does not make any commitment that the Online Course or EOS will be compatible with or operate with your software or hardware.
10.5. All representations, warranties and/or terms and/or commitments not expressly set out in these Terms (whether implied by law, conduct, and statute or otherwise) are hereby excluded to the maximum extent permissible by law.
11. Limitation of Liability
11.1. The exclusions and limitations of liability contained in these Terms do not apply to a party's liability: (i) for fraud or wilful default; (ii) for death or personal injury caused by its negligence; or (iii) where such limitation or exclusion cannot lawfully be excluded.
11.2. Except as set out in these Terms, Susan Findlay shall not be responsible for losses that result from its failure to comply with these Terms including, but not limited to, losses that fall into the following categories:
11.2.1. indirect or consequential losses;
11.2.2. loss of income or revenue;
11.2.3. loss of business;
11.2.4. loss of anticipated savings; or
11.2.5. loss or corruption of data.
11.3. Susan Findlay is not responsible to you for any data that you lose either (a) as a result of accessing the Online Course, or (b) as a result of accessing EOS, or (c) during completion of any Online Course. 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 Online Study Materials or EOS, and (ii) all data that you are inputting when completing the Online Course.
11.4. Save as otherwise set out in this section "Limitation of liability", Susan Findlay’s maximum aggregate liability to you for any claims that you may have against Susan Findlay for direct loss in contract, tort or otherwise arising out of or in connection with these Terms, the Course and the Study Materials and any technical support shall be limited to the amount of the Fee which has been paid, or is payable, by you or on your behalf.
11.5. Susan Findlay will not be held responsible for any delay or failure to comply with its obligations under these Terms if the delay or failure arises from any cause which is beyond Susan Findlay's reasonable control. This condition does not affect your statutory rights.
11.6. Each provision in this Clause 11 shall be construed separately as between you and Susan Findlay. If any part is held to be unreasonable, inapplicable, or unenforceable, but would be valid if some part thereof was deleted such provision shall apply but with such modification as may be necessary to make it valid and effective.
12.1 The Courses are for training purposes only. Susan Findlay will not accept any responsibility to any party for the use of the tuition provided and/or the contents of the Study Materials for any purpose other than training for educational purposes, including but not limited to the giving of advice by you to any third party.
13. Intellectual Property
13.1. At all times, Susan Findlay and/or its licensors, remain the owner of the intellectual property in the Courses, the Study Materials and EOS content. No Course and/or Study Materials and/or EOS content, nor any part thereof may be reproduced, stored in a retrieval system or transmitted any form or by any means without the prior written permission of Susan Findlay.
13.2. In consideration of receipt by Susan Findlay of the Fee, Susan Findlay grants to you a non-exclusive, non-transferable licence to use the Study Materials and EOS content for the sole purpose of studying for the Classroom Course and/ or the Online Course. For Online Study Materials the licence granted is to use the Online Study Materials on one computer only.
13.3. Save as expressly set out in these Terms, you may not modify, copy, reproduce, re-publish, sub-licence, sell, upload, broadcast, post, transmit, make available, disseminate or distribute in any way any of the Study Materials or EOS content. You may not modify, adapt, merge, translate, disassemble, decompile, recompile or reverse engineer any software forming part of the Online Study Materials or EOS or create derivative works based on the whole of or any part, or which incorporate, the Online Study Materials or EOS into any software program.
13.4 Use of the Study Materials not expressly permitted in these Terms is strictly prohibited and will constitute an infringement of either Susan Findlay's copyright or Susan Findlay's other intellectual property rights, and/or the copyright or other intellectual property rights of Susan Findlay's licensors.
14. Data Protection
14.1.1 perform its obligations and enforce its rights under these Terms;
14.1.2 contact you by email, telephone or post to inform you about other products or services which may be of interest to you;
14.1.3 inform you of feedback and examination results;
14.3 You have the right to receive details of the personal information held by Susan Findlay. A fee of £10 will be payable.
14.4 In the event that you do not wish to receive marketing correspondence from Susan Findlay a written request or email should be sent to the contact details set out at the end of these Terms.
14.5 On occasion we may conduct online surveys. This is used to gauge our service, collect demographic information and other information that we may find useful. We may share non-personal, aggregated information with third parties. You agree to Susan Findlay using your information in this manner.
15.1. Susan Findlay reserves the right to charge late payment interest on any overdue amounts, at a rate of 8% a year above the base lending rate of Barclays Bank plc from time to time. The interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with the overdue amount.
15.2. Susan Findlay reserves the right to recover any reasonable debt collection costs in connection with these Terms.
15.3. Susan Findlay may update or amend these Terms and Conditions from time to time to comply with law or to meet its changing business requirements without notice to you. Any updates or amendments will be posted on the Website.
15.5. You may not assign or sub-contract any of your rights or obligations under these Terms and Conditions to any third party unless we agree in writing.
15.6. Susan Findlay may assign, transfer or sub-contract any of its rights or obligations under these Terms and Conditions to any third party at its discretion.
15.7. No relaxation or delay by Susan Findlay in exercising any right or remedy under these Terms and Conditions shall operate as waiver of that right or remedy or shall affect its ability to subsequently exercise that right or remedy. Any waiver must be agreed by Susan Findlay in writing.
15.8. If any of these Terms and Conditions are found to be illegal, invalid or unenforceable by any court of competent jurisdiction, the rest of these Terms and Conditions shall remain in full force and effect.
15.9. Any notices required to be served on you by Susan Findlay under these Terms and Conditions will be deemed properly served if sent via prepaid postage to the postal address, or emailed to the email address, notified by you to you, at Susan Findlay’s discretion. Any notices required to be served on Susan Findlay by you will be deemed properly served if sent to the address as per clause 16.
15.10. A notice delivered personally is deemed to be given on the day on which it was left at the specified address. A notice sent by post is deemed to be given on the day it was posted as evidenced by the sender. A notice sent by fax or email is deemed to be given on the day it was sent.
15.11. The agreement between you and Susan Findlay will be concluded in English only.
15.12. The agreement between you and Susan Findlay which is compromised in these Terms and Conditions is not intended to be for the benefit of any third party, and shall not be exercised by any other person under the Contract (Rights of Third Parties) Act 1999 or otherwise.
15.13. These Terms and Conditions, and any other matters arising out of or in relation to these Terms and Conditions, are governed by and construed in accordance with the laws of England and Wales. You agree to submit to the exclusive jurisdiction of the English courts to settle any disputes which may arise out of or in connection with these Terms and Conditions.
16. Contact Us
Unit 12, LYST, Town Hall Approach Road
Tottenham, London, England N15 4RX