Terms and conditions

PLEASE READ CAREFULLY BEFORE ACCESSING ANY E-LEARNING COURSE FROM THIS WEBSITE

This agreement (Agreement) is a legal agreement between you (Licensee or you) and 3t Digital (CRN: 09314258) of Cobalt 13a 9 Silver Fox Way, Cobalt Business Park, Newcastle Upon Tyne, England, NE27 0QS (3t Digital, us or we) for the purchase of e-learning course(s)(Course) from us.

1. Placing an Order

Placing your order. You may place an order with us through this website to purchase the Courses sold on our website (Order). We will send you an email acknowledging your Order, which will confirm the order details and details of how to access the purchased Course(s). A binding Agreement will only come into force between us once you have received this acknowledgement email from us.

If we cannot accept your Order. If we are unable to accept your order, we will inform you of this by email and will not charge you for the Order.

All Orders are subject to availability, and we reserve the right to reject any order for any reason. If we reject an order (for whatever reason) we will inform you as soon as possible.

2. Description of Course

All descriptions, specifications, advertising, and overview information displayed on our website in relation to the Courses are issued or published for the sole purpose of giving an approximate idea of the Course to be provided. They will not form part of the Agreement between us. The Course delivered may differ in non-material respects from the information provided on our website.

We may make any change to the specification or design of the Course which are required to conform to any applicable safety, statutory or regulatory requirement, or do not materially reduce their quality.

3. Price of the Course

The price(s) of the Course(s) is displayed on our website at the time you place your order. Unless stated otherwise, all prices stated on our website are exclusive of value added tax (VAT).

All prices are subject to change without prior notice.

Our website contains a large number of Courses, and it is always possible that, despite our best efforts, some of the Courses listed on our website may be incorrectly priced. We will not be obliged to supply the Course at the incorrect price, even if we have accepted your Order.

4. Payment

We must receive payment in full for the Order before your Order can be processed. Payment for the Order will be taken through our third-party payment provider (as we shall nominate from time to time). Payment will be received by us upon confirmation from such provider that the transaction has been completed.

5. Cancellation and Refunds

You may cancel any Order (or part thereof) and receive a refund in respect of such at any time before the Course(s) is completed and a certificate issued. You will not be able to cancel an order for any Course once it has been completed and the certificate issued.

If you do not access the Course during the twelve (12) months following the date on which it was ordered, we reserve the right to cancel the order and withdraw your access to such Course. You will not receive a refund if the Order (or part thereof) is cancelled as described in this paragraph.

The Course(s) will be deemed to have been “accessed” when the relevant online course is commenced and completed and a certificated has been produced following completion of the course.

      6. Intellectual Property Rights

      You acknowledge that all intellectual property rights in the Courses anywhere in the world belong to us, that rights in the Courses are licensed (not sold) to you, and that you have no rights in, or to, the Courses other than the right to use it in accordance with the terms of this Agreement.

      7. How We May Use Your Personal Information

      Under data protection legislation, we are required to provide you with certain information about who we are, how we process the personal data of those individuals who use the Courses and for what purposes and those individuals' rights in relation to their personal data and how to exercise them. This information is provided in our privacy policy which can be found on our website.

      8. Events Outside Our Control
      We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under this Agreement that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in condition 8.2.
      An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation failure of public or private telecommunications networks.
      If an Event Outside Our Control takes place that affects the performance of our obligations under this Licence:
      • our obligations under this Licence will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control; and we will use our reasonable endeavours to find a solution by which our obligations under this Licence may be performed despite the Event Outside Our Control.

      9. Liability

      Save to the extent permitted by law, we (and any of our group companies and the officers, directors, employees, shareholders, sub-contractors or agents of any of them) exclude all liability and responsibility from any amount or kind of loss or damage arising out of or in connection with your use of the Course(s).

      We do not exclude or attempt to limit in any way our liability:

        • for personal injury or death resulting from our negligence;
        • for any matter for which it would be illegal for us to exclude or to attempt to exclude our liability; or
        • for fraud or fraudulent misrepresentation.

      Subject to the exclusions/limitations set out above, we shall not be liable to you for any indirect or consequential loss or damage of any nature whatsoever arising and whether caused in tort (including negligence), breach of Agreement or otherwise (even if foreseeable), any loss of income or revenue, loss of business, loss of profit of Agreements, loss of anticipated savings, wasted third party costs, and/or loss of data, management or office time.

      We will perform and deliver the Order with reasonable care and skill. We do not give any other representation, warranty or undertaking in relation to the Order. Any representation, condition or warranty which might be implied or incorporated into these terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Order or any Course(s) are suitable for your purposes and do not guarantee any specific results from participating in the online learning courses.

      10. Other Important Terms

      We may transfer our rights and obligations under this Agreement to another organisation, but this will not affect your rights or our obligations under this Agreement.

      You may only transfer your rights or your obligations under this Agreement to another person if we agree in writing.

      This Agreement and any document expressly referred to in it constitutes the entire agreement between us and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter. You agree that you shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in this Agreement or any document expressly referred to in it. You agree that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this Agreement or any document expressly referred to in it.

      If we fail to insist that you perform any of your obligations under this Licence, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing signed by us, and that will not mean that we will automatically waive any later default by you.

      Each of the conditions of this Agreement operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.

      This Agreement, its subject matter and its formation (and any non-contractual disputes or claims) are governed by English law. We both irrevocably agree to the exclusive jurisdiction of the courts of England and Wales. This clause shall not apply to the extent that applicable legislation deems you are dealing as a consumer pursuant to this Agreement in which event you shall be entitled to seek remedies pursuant to such local law and/or jurisdiction as the relevant applicable consumer protection laws stipulate and which laws cannot be legally excluded from the terms of this Agreement.

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