Terms of Service

Overview

WHITTAKER ASSOCIATES (WORCESTERSHIRE) LIMITED – ONLINE LEARNING TERMS OF SERVICE

1. THESE TERMS

1.1 These are the terms and conditions (“terms”) on which Whittaker Associates (Worcestershire) Limited (“we”, “us” or “our”) supply various online training courses (each a “course”) to you or your business. Any reference to “you” or “your” in these terms shall be a reference to you in your personal capacity or the legal entity on whose behalf you purchase courses (as applicable).

1.2 Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide courses to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.

1.3 In some areas you will have different rights under these terms depending on whether you are a business or consumer. You are a consumer if:

1.3.1 you are an individual; and

1.3.2 you are buying a course from us wholly or mainly for your personal use (not for use in connection with your trade, business, craft or profession). Throughout these terms, we have specified where any provisions are specific to consumers or businesses only.

1.4 If you are a business customer, these terms constitute the entire agreement between us in relation to your purchase. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these terms and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in these terms.

2. INFORMATION ABOUT US AND HOW TO CONTACT US

2.1 We are Whittaker Associates (Worcestershire) Limited, a company registered in England and Wales. Our company registration number is 04456236 and our registered office is at Ground Floor 27 Waterloo Place, Warwick Street, Leamington Spa, Warwickshire, CV32 5LA. Our registered VAT number is 551476635.

2.2 If you need to contact us and/or you have any questions about any of the courses we offer, please consult our FAQs. Alternatively, you can contact us by telephoning our customer service team at 01926 883600 or by writing to us at e-training@wamanagement.co.uk.

2.3 If we have to contact you, we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.

2.4 When we use the words “writing” or “written” in these terms, this includes emails.

3. OUR CONTRACT WITH YOU

3.1 You may place an order for any of the courses displayed on https://www.wamanagement.co.uk/ (“our website”) either by:

3.1.1 using our shopping pages to place an order for a course online. Please follow the onscreen prompts to place your order. Our online order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each stage of the order process; or

3.1.2 via email at e-training@wamanagement.co.uk or calling us on 01926 883600 and placing an order with us over the phone. If you place your order with us via email or over the phone, we will ask you to provide us with your full name and email address so that we can send you with an access link to your course(s).

3.2 Each order is an offer by you to buy the course(s) specified in your order subject to these terms. You are responsible for ensuring that your order is complete and accurate.

3.3 Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us, subject to these terms.

3.4 If we are unable to accept your order, we will inform you of this and we will not process your order. This might be because of unexpected limits on our resources which we could not reasonably plan for, because a course is no longer available, because a credit reference we have obtained for you does not meet our minimum requirements or because we have identified an error in the price or description of the course. If you have already paid for a course and we are unable to accept your order under this clause 3.4, we will refund you the full amount as soon as possible.

4. OUR COURSES

4.1 Any images relating to the courses on our website are for illustrative purposes only.

4.2 You acknowledge that any verbal advice or recommendation given by us or our employees or agents to you and/or your employees or agents as to the application or use of the courses, which is not confirmed in writing by us, is followed or acted upon entirely at your own risk and accordingly we shall not be liable for any such advice or recommendation which is not confirmed in writing.

4.3 Please note that each course is provided and delivered to you in order to provide awareness and education only and should not be taken as providing you with any qualifications, accreditations or licensed skills.

5. YOUR RIGHTS TO MAKE CHANGES

If you wish to make a change to the course(s) you have ordered, please contact us. We will let you know if the change is possible. If it is possible, we will let you know about any changes to the price of the course(s), the timing of supply/availability or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. You will not be entitled to make a change to the course(s) you have ordered once you have begun to complete your course(s).

6. OUR RIGHTS TO MAKE CHANGES

6.1 We may discontinue any course and/or change any course, including but not limited to in the following circumstances:

6.1.1 to reflect changes in relevant laws and regulatory requirements;

6.1.2 to implement minor technical adjustments and improvements, for example to address a security threat; and/or

6.1.3 to reflect industry best practice.

6.2 Where we discontinue any course and/or make a major change to any course, we will notify you and you may then contact us to end the contract in accordance with clause 8.2.1(a) and receive a refund for any course paid for and which you have not completed.

7. PROVIDING THE COURSES

7.1 When we email you to accept your order, we will provide you with an access link to each course you have purchased. Upon using the access link, you will be prompted to provide your full name, after which you can start your course.

7.2 To access any of our courses you need a PC, laptop, tablet or smart phone with an internet connection and browser, although your user experience may be affected when accessing our course via smart phone. The technical specifications required to access any of our courses are available at FAQs or by telephoning us. We accept no responsibility or liability for your failure to access and/or use all or part of any course due to you not meeting the specifications required to access and/or use the course. We are under no obligation to provide any course by an alternative means if you do not meet the specifications required to access and/or use the course.

7.3 You must access and complete each course:

7.3.1 when purchasing the course via our website, no later than one year following our providing you with the access link to the course; and

7.3.2 when purchasing the course via email or over the telephone, no later than one month following our providing you with the access link to the course. We will not be obliged to continue to provide you with access to any course if you fail to access and complete that course within the relevant time.

7.4 We make each course available to you on a two-time basis. If you take the course and fail to achieve the pass mark of 70% twice, the course will no longer be available to you and you will need to order and purchase the course again in order to re-take it.

7.5 You must not access, store, distribute or transmit any viruses, or any material during the course of your use of any course that:

7.5.1 is unlawful, harmful, threatening, defamatory, obscene, infringing, harassing or racially or ethnically offensive;

7.5.2 facilitates illegal activity;

7.5.3 depicts sexually explicit images;

7.5.4 promotes unlawful violence;

7.5.5 is discriminatory based on race, gender, colour, religious belief, sexual orientation, disability; or

7.5.6 is otherwise illegal or causes damage or injury to any person or property.

7.6 You must not:

7.6.1 except as may be allowed by any applicable law and except to the extent permitted under these terms:

(a) attempt to copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit, or distribute all or any portion of any course in any form or media or by any means; or

(b) attempt to de-compile, reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of any course; or

7.6.2 access all or any part of any course in order to build a product or service which competes with our courses and/or our business; or

7.6.3 use any course to provide services to third parties; or

7.6.4 license, sell, rent, lease, transfer, assign, distribute, display, disclose, or otherwise commercially exploit, or otherwise make any course available to any third party, or

7.6.5 attempt to obtain, or assist third parties in obtaining, access to any course, other than as provided under these terms; or

7.6.6 introduce or permit the introduction of, any virus or vulnerability into our network, website and/or information systems.

7.7 We reserve the right to disable your access to any course if you breach any of the provisions of clause 7.5 and/or 7.6.

7.8 If our provision of access to any course is delayed by an event outside our control, then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this, we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract in accordance with clause 8.2.1(c) and receive a refund for any course(s) you have paid for but not been able to access.

7.9 We may need certain information from you so that we can provide you with access to a course, for example, your full name and email address. If so, we will contact you for this information or this will have been stated our website. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and clause 10.2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for a delay in providing you with access to any course or not providing you with access to any course or part of a course if this is caused by you not giving us the information we need within a reasonable time of us asking for it.

7.10 We may have to suspend your access to a course to:

7.10.1 deal with technical problems or make minor technical changes;

7.10.2 update the course to reflect changes in relevant laws and regulatory requirements;

7.10.3 make changes to the course as requested by you or notified by us to you (see clause 6).

7.11 If you do not pay us for a course when you are supposed to (please see clause 14.4) and you still do not make payment within fourteen (14) days of us reminding you that payment is due, we may suspend your access to the course until you have paid us the outstanding amounts. We will contact you to tell you we are suspending access to the course. We will not suspend access to the course where you dispute the unpaid invoice (please see clause 14.7). As well as suspending access to the course, we can also charge you interest on your overdue payments (see clause 14.6).

7.12 For the avoidance of doubt, all intellectual property rights in or arising out of or in connection with our courses shall be owned by us.

7.13 We grant you a non-exclusive, worldwide licence to use the intellectual property rights within any courses you purchase from us for your own personal use (when dealing with us as a consumer) and for your internal business use (when you deal with us as a business customer) for the duration that you are able to access such courses (in accordance with clauses 7.3 and 7.4). On expiry or termination of such period, the licence granted by this clause 7.14 shall automatically terminate.

8. YOUR RIGHTS TO END THE CONTRACT

8.1 Your rights when you end the contract will depend on whether there is anything wrong with the course(s) you have purchased, how we are performing our obligations, when you decide to end the contract and whether you are a consumer or business customer:

8.1.1 If the course(s) you have bought are faulty or misdescribed, you may have a legal right to end the contract (or to get the course repaired or replaced or to get some or all of your money back), in which case please see clause 12 if you are a consumer and clause 13 if you are a business;

8.1.2 If you want to end the contract because of something we have done or have told you we are going to do, please see clause 8.2;

8.1.3 If you are a consumer and have just changed your mind about a course, please see clause 8.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions;

8.1.4 In all other cases (if we are not at fault and you are not a consumer exercising your right to change your mind), please see clause 8.4.

8.2 Ending the contract because of something we have done or are going to do.

8.2.1 If you are ending a contract for a reason set out at clauses (a) – (d) below the contract will end immediately and we will refund you in full for any course which has not been provided and you may also be entitled to compensation. The reasons are:

(a) we have told you about an upcoming change to a course or these terms which you do not agree to (please see clause 6.2);

(b) we have told you about an error in the price or description of a course you have ordered and you do not wish to proceed;

(c) there is a risk that your ability to access a course may be significantly delayed because of events outside our control; or

(d) you have a legal right to end the contract because of something we have done wrong.

8.3 Exercising your right to change your mind if you are a consumer (Consumer Contracts Regulations 2013).

8.3.1 If you are a consumer, then for you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.

8.3.2 Your right as a consumer to change your mind and get a full refund does not apply in respect of:

(a) any course after you have begun to complete such course; and

(b) any course, once it has been completed, even if the cancellation period is still running.

8.3.3 You have 14 days after the day we email you with the access link to your course, or, if earlier, until you start completing the course.

8.4 Ending the contract where we are not at fault and there is no right to change your mind.

8.4.1 If we are not at fault and you are not a consumer who has a right to change their mind (please see clause 8.1), you can end the contract with us but you will not be entitled to exchange the course for another course or be entitled to any refund.

9. HOW TO END THE CONTRACT WITH US

9.1 To end the contract with us, please let us know by doing one of the following:

9.1.1 call customer services on 01926 883600 or email us at e-training@wamanagement.co.uk. Please provide your name, details of your order and, where available, your phone number and email address.

9.1.2 complete and submit the Cancellation Request at the end of these terms.

9.1.3 print off the Cancellation Request at the end of these terms and post it to us at the address on the Cancellation Request or simply write to us at that address, including details of what course(s) you purchased, when you ordered or received the course and your name and address.

9.2 If you end the contract for any reason after you have received an access link to a course, we will disable that access link so you can no longer access that course, following receipt of your notice to cancel.

9.3 If you are entitled to a refund under these terms, we will refund you the price you paid for the course(s), by the method you used for payment.

9.4 We will make any refunds due to you as soon as possible. If you are a consumer exercising your right to change your mind, then your refund will be made within 14 days of your telling us you have changed your mind.

10. OUR RIGHTS TO END THE CONTRACT

10.1 We may end the contract if you breach any of these terms. We may end the contract at any time by writing to you if:

10.1.1 you do not make any payment to us when it is due and you still do not make payment within fourteen (14) days of us reminding you that payment is due;

10.1.2 you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide a course, for example, your full name and/or email address;

10.1.3 you breach any the provisions of clause 7.5 and/or 7.6; or

10.1.4 your credit rating and/or financial position is at a point at which we can be reasonably justified in our opinion that your ability to give effect to these terms is in jeopardy.

10.2 If we end the contract in the situations set out in clause 10.1, we will refund any money you have paid in advance for any course you have not begun to complete but we may deduct or charge you up to the price of such course(s) for the net costs we will incur as a result of your breaking the contract.

10.3 We may withdraw/discontinue any of our courses. We may write to you to let you know that we are going to withdraw or discontinue a particular course. We will let you know in advance of our discontinuing the course and will refund any sums you have paid in advance for courses which you have not begun to complete.

11. IF THERE IS A PROBLEM WITH A COURSE

11.1 If you have any questions or complaints about any course you have purchased, please call customer services on 01926 883600 or email us at e-training@wamanagement.co.uk.

12. YOUR RIGHTS IN RESPECT OF DEFECTIVE COURSES IF YOU ARE A CONSUMER

12.1 If you are a consumer, we are under a legal duty to supply courses that are in conformity with these terms. Please see the box below for a summary of your key legal rights in relation to all our courses. Nothing in these terms will affect your legal rights.

Summary of your key legal rights This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.

Where the products you purchase constitute digital content, for example a mobile phone app, access to an online training programme or a subscription to a music streaming service, the Consumer Rights Act 2015 says digital content must be as described, fit for purpose and of satisfactory quality:

a) If your digital content is faulty, you’re entitled to a repair or a replacement.

b) If the fault can’t be fixed, or if it hasn’t been fixed within a reasonable time and without significant inconvenience, you can get some or all of your money back

c) If you can show the fault has damaged your device and we haven’t used reasonable care and skill, you may be entitled to a repair or compensation See also clause 8.3.

13. YOUR RIGHTS IN RESPECT OF DEFECTIVE COURSES IF YOU ARE A BUSINESS

13.1 If you are a business customer, we warrant that for the duration of time you have to complete each course, each course shall:

13.1.1 conform in all material respects with their description and any relevant specification;

13.1.2 be free from material defects in design, material and workmanship;

13.1.3 be of satisfactory quality (within the meaning of the Sale of Goods Act 1979); and

13.1.4 be fit for any purpose held out by us.

13.2 Subject to clause 13.3, if:

13.2.1 you give us notice in writing within a reasonable time of discovery that a course does not comply with the warranty set out in clause 13.1;

13.2.2 we are given a reasonable opportunity of examining the defect (either remotely or in person), we shall, at our option, repair or replace the defective course, provide a new access link to the course, or refund the price of the defective course in full.

13.3 We will not be liable for a course’s failure to comply with the warranty in clause 13.1 if:

13.3.1 you make any further use of such course after giving a notice in accordance with clause 13.2.1;

13.3.2 the defect arises because you failed to follow our oral or written instructions as to the use of the course;

13.3.3 you alter or repair the course (or attempt to do the same) without our written consent; or

13.3.4 the defect arises as a result of wilful damage, your negligence, or abnormal working conditions.

13.4 Except as provided in this clause 13, we shall have no liability to you in respect of a course’s failure to comply with the warranty set out in clause 13.1.

13.5 These terms shall apply to any repaired or replacement courses supplied by us under clause 13.2.

14. PRICE AND PAYMENT

14.1 The price of each course (which includes VAT) will be the price indicated on the order pages of our website when you placed your order or as notified by us via email or over the telephone. We take all reasonable care to ensure that the price of any course advised to you is correct. However, please see clause 14.3 for what happens if we discover an error in the price of any course you order.

14.2 We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we provide you with access to a course, we will adjust the rate of VAT that you pay, unless you have already paid for the course in full before the change in the rate of VAT takes effect.

14.3 It is always possible that, despite our best efforts, some of the courses we provide to you may be incorrectly priced. We will normally check prices before accepting your order so that, where the course’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the course’s correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract and refund you any sums you have paid.

14.4 We accept payment via PayPal for courses purchased via our website and via PayPal or BACS for courses purchased via email or over the telephone. When you must pay depends on how you purchase course(s) from us:

14.4.1 for courses purchased via email or over the telephone, we will invoice you for the price of the course promptly (and in any event within one month) after we email you to confirm that we have accepted your order, in which case you must pay our invoice within fourteen (14) days after the date of the invoice; and

14.4.2 for courses purchased via our website, you must pay for the course in full when placing your order for the course.

14.5 If you are a business customer, you must pay all amounts due to us under these terms in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).

14.6 If you do not make any payment to us by the due date, we may charge interest to you on the overdue amount at the rate of 5% per month above HSBC’s then current base rate accruing on a daily basis from the relevant due date until the date of actual payment of the overdue amount, whether before or after judgment, and compounding quarterly.

14.7 If you think an invoice is wrong, please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.

15. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU IF YOU ARE A CONSUMER

15.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is “foreseeable” if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.

15.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for:

15.2.1 death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors;

15.2.2 fraud or fraudulent misrepresentation;

15.2.3 breach of your legal rights in relation to our courses as summarised at clause 12.1; and

15.2.4 defective products under the Consumer Protection Act 1987.

15.3 If defective digital content which you have access to as part of any course damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation. However, we will not be liable for damage which you could have avoided by following our advice to apply an update offered to you free of charge or for damage which was caused by you failing to have in place the minimum system requirements advised by us.

15.4 If you are a consumer, we only supply courses for to you for domestic and private use. If you use a course for any commercial, business or re-sale purpose our liability to you will be limited as set out in clause 16.

16. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU IF YOU ARE A BUSINESS

16.1 Nothing in these terms shall limit or exclude our liability for:

16.1.1 death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);

16.1.2 fraud or fraudulent misrepresentation; or

16.1.3 any matter in respect of which it would be unlawful for us to exclude or restrict liability.

16.2 Except to the extent expressly stated in clause 13.1 all terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982 are excluded.

16.3 Subject to clause 16.1:

16.3.1 we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us; and

16.3.2 our total aggregate liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to one hundred percent (100%) of the total sums paid by you for the course(s) under these terms.

17. HOW WE MAY USE YOUR PERSONAL INFORMATION

17.1 We will only use your personal information as set out in our Privacy Policy.

17.2 In addition to our Privacy Policy, we will use the personal information you provide to us under these terms:

17.2.1 to supply course(s) to you;

17.2.2 to process payment; and

17.2.3 to inform you about similar or complimentary courses that we provide, but you may stop receiving these communications at any time by contacting us.

17.3 We will take appropriate technical and organisation measures against unauthorised or unlawful processing of your personal data or its accidental loss, destruction or damage. In the event of any loss or damage to your personal data, we will use reasonable commercial endeavours to restore the lost or damaged data from the latest back-up of such data. Subject to our Privacy Policy, we will only disclose/share your personal information to other third parties where the law either requires or allows us to do so.

18. OTHER IMPORTANT TERMS

18.1 We may transfer our rights and obligations under these terms to another organisation. We will contact you to let you know if we plan to do this and we will ensure that the transfer will not affect your rights under the contract.

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

18.3 Nobody else has any rights under this contract (except someone you pass your guarantee on to). This contract is between you and us. No other person shall have any rights to enforce any of its terms.

18.4 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

18.5 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide you with access to a course, we can still require you to make the payment at a later date.

18.6 These terms are governed by English law and you can bring legal proceedings in respect of any course in the English courts. If you live in Scotland, you can bring legal proceedings in respect of any course in either the Scottish or the English courts. If you live in Northern Ireland, you can bring legal proceedings in respect of any course in either the Northern Irish or the English courts.

18.7 If you are a business, any dispute or claim arising out of or in connection with a contract between us or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales and the courts of England and Wales shall have exclusive jurisdiction to settle any such dispute or claim.