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Please read these Terms and Conditions carefully, if you have any questions, please don’t hesitate to contact us.
1 | DEFINITIONS
1.1 | The definitions in this clause apply in the Terms and Conditions set out in this document.
“Consumer” means an individual acting outside the course of business.
“Course” means any Course, unit or units of learning you purchase from us.
“Course Fees” means the amount payable by you for the Service.
“Course Materials” means all material provided by us and/or our service providers to you following your Enrolment which shall include but is not limited to: learning material – including log in passwords; and online or in-person teaching, mentoring and tutoring.
“Course Rules” means and shall include any rules, regulations, standards, policies, codes, charters and guidelines prescribed by us and our service providers as in force from time to time.
“Enforce” means the lender resorting to a court of law for an order directing you to pay.
“Enrolment Date” means the date on which we confirm your Enrollment, or such other date as determined by us.
“Guarantee” means the written instrument that sets out the terms of an Indemnity.
“Intellectual Property Rights” means patents, rights to inventions, copyright and related rights, trade marks, business names and domain names, rights in get up, goodwill and the right to sue for passing off, rights in designs, database rights, rights to use, and protect the confidentiality of, confidential information – including know how, and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.
“Online Learning System” means an internet-based system hosted by MBA Training, for delivery and management of the Course and the system may include, but is not limited to, online learning material, online mentoring and tutoring and online assessments, and the MBA Training Website
“Order” means an offer by you to purchase Services in accordance with these Terms.
“Payment Default” means two payments overdue under a Credit Agreement arranged under a credit option to pay for the Course Materials.
“Registration” means your official registration with the Learning People upon payment.
“Service” means the provision of the Course by us or any of our service providers to you.
“Student” means a single learner of the course and one who is also addressed by a unique username and protected by a user defined password.
“Terminate” means, in respect of the subject matter where it is referred to, to foreclose a Credit Agreement and demand full payment of all amounts due under it.
“Terms” means the Terms and Conditions set out in this document.
“MBA Training” means the Finchley Business Services Limited t/a MBA Training – Registered in England and Wales Company No. 08416148– Registered Address: Level 14 25 Cabot Square, Canary Wharf, London, United Kingdom, E14 4QZ
“The MBA website” means www.mbatrainingpro.com
1.2 | References to “we”, “us” and “our” are references to MBA Training.
1.3 | A reference to “you”, “your” or “yourself” is reference to a person or firm who purchases a Service from the MBA Training.
1.4 | A reference to a clause is to a clause of these Terms.
2 | BASIS OF A SALE
2.1 | These Terms and the Continuous Payment Authority – if applicable – constitute the entire agreement between you and us for the supply of the Service.
Please check that the details in these Terms and your Order are complete and accurate before you commit yourself to the contract. If you think that there is a mistake, please make sure that you ask us to confirm any changes in writing, as we only accept responsibility for statements and representations made in writing by our authorised employees.
2.2 | You acknowledge in agreeing to these Terms that you have not relied on any statement, promise, representation, assurance or warranty made or given on behalf of MBA Training which is not set out in this document.
2.3 | The Order constitutes an offer by you to purchase Services in accordance with these Terms.
2.5 | You confirm that you are solely responsible for ensuring that you possess the necessary skills and experience required to enroll on a specific Course and that you will comply with the Course Rules.
3 | ENROLMENT
3.1 | Your Enrolment to the Course will be set once payment has been received for the Course.
3.2 | Your Enrolment will be limited to the period specified for your Course or training package, commencing from the Enrolment Date. If you wish to do another course, a new enrollment date will be set when you make a payment for the Course.
3.3 | You confirm that you understand any prerequisite skills or experience applicable to your proposed Course and examination. You acknowledge and agree that your Enrolment and continued participation in a Course is subject to you complying and continuing to comply with the Course Rules.
4 | CONSUMER RIGHTS
4.1 | By registering us and making a payment you acknowledge receipt of the Service from us.
4.2 | Subject to clause 4.6, you can Terminate your Enrolment within 5 days from your first payment or Registration date, whichever is the earliest.
4.3 | To cancel your Enrolment, as provided for in clause 4.2, you must inform us in writing via
4.4 | If you cancel your Course you will receive a full refund of the Course Fees paid for the Course. We shall make refunds within 30 days of receipt of your written notification.
4.5 | For the avoidance of doubt, if you have completed over three hours of training, as indicated by our records, you will not be able to cancel your Course and to the maximum extent permitted by law, we have no liability to provide you with a refund of the Course Fees paid – in whole or in part.
4.6 | The provisions of this clause 4 do not affect your statutory rights.
5 | DELIVERY OF COURSE MATERIALS
5.1 | Upon payment of the course, we will use our reasonable endeavours to provide instructions about how the course will be conducted along with details such as venue, timings, schedule etc. within – 3 – business days from the Enrollment Date. We will do this by emailing address you provide to us.
5.2 | We shall use all reasonable endeavours to meet any performance dates agreed but any delays shall not be of the essence for the performance of any Service.
5.3 | We have the right to make any change to the Service which is necessary to comply with any applicable law or which does not materially affect the nature or quality of the Service.
6 | YOUR OBLIGATIONS
6.1 | You shall:
6.1.1 | ensure that the terms of the Order are complete and accurate;
6.1.2 | cooperate with us in all matters relating to the Service;
6.1.3 | provide us with such information and material as we may reasonably require in order to supply the Service and ensure that such information is accurate in all material respects.
6.2 | If the performance of any of our obligations is prevented or delayed by any act or omission by you or failure by you to perform any relevant obligation – “Default”:
6.2.1 | we shall without limiting our other rights or remedies have the right to suspend performance of the Service until you remedy the Default, and to rely on the Default to relieve us from the performance of any of our obligations to the extent that the Default prevents or delays performance of any obligation; and
6.2.2 | we shall not be liable for any costs or losses sustained or incurred by you arising directly or indirectly from your failure or delay to perform any of your obligations set out in this clause 6; and
6.2.3 | You shall reimburse us on written demand for any costs or losses sustained or incurred by us arising directly or indirectly from any Default.
7 | STUDENTS WITH DISABILITY
MBA Training cannot supply equipment, computers, aids or software for a Student with a disability. However, we will aim to supply any information a Student requires in terms of material, examination booking and special requirements.
8 | COURSE MATERIALS
8.1 | Whilst we make reasonable efforts to ensure the accuracy of Course Materials, we do not represent, warrant or guarantee that the Course Materials will be error free.
8.2 | You expressly acknowledge and agree that due to the rapidly evolving nature of information technology, Course Materials may become outdated and/or incorrect at any time.
8.3 | For the avoidance of doubt, we will not refund Course Fees on the basis that Course Materials are not error free, accurate and/or up to date.
8.4 | In circumstances where you discover an error or inaccuracy in the content contained in the Course Materials and notify us of this, we shall aim to rectifies the error or inaccuracy within 30 business days of notification.
8.5 | We will use our reasonable endeavours to ensure that whilst you are enrolled on a Course that the Course Materials will be available to you in class on an uninterrupted basis save for:
iii) an event outside our control.
8.6 | We shall have no responsibility or liability to you for your inability to login into our portal due to issues beyond our control such as the speed of your internet connection – or other connection devices used, your use of third-party security software or firewall/proxy servers, or the performance levels of your internet service provider.
8.7 | If you do experience problems with the portal, please contact the MBA Training on 020 7117 2418 , or by emailing email@example.com
We will attempt to resolve such problems within a reasonable time. You agree to provide us with such diagnostic information as we may reasonably require in order that we may resolve the problem.
Should the MBA Training Team not be available or are unable to help, useful contact details can be found on our Contact Us page.
9 | COURSE FEES AND ENROLMENT
9.1 | The Course Fees will be as set out in the quotation we provided to you or, if we have not provided a quotation or the quotation has expired, in our price list in force at the time. Prices are liable to change at any time, but price changes will not affect your orders that we have confirmed in writing.
9.2 | The Course Fees include VAT where VAT is applicable. However, if the rate of VAT changes between the date of the Order and the Enrolment Date, we will adjust the VAT you pay, unless you have already paid for the Course in full before the change in the rate of VAT takes effect.
9.3 | It is always possible that, despite our efforts, a Course may be incorrectly priced. We will normally check prices as part of our order process so that, where the correct Course Fee is less than its stated price, we will charge the lower amount when enrolling you on the Course. If the pricing error is obvious and could have reasonably been recognised by you as a mispricing, we do not have to provide the Course to you at the incorrect – lower price.
9.4 | Payment for all Courses must be made in advance by credit or debit card. We accept payment with Visa, Visa Debit and MasterCard through Paypal and Stripe. We also accept payment by bank transfer.
9.5 | Subject to any exception outlined in clause 9, Course Fees cover all Course Materials.
10 | CONSEQUENCES OF TERMINATION
On termination of this agreement for any reason:
10.1 | The accrued rights, remedies, obligations and liabilities of the parties as at the expiry or termination shall be unaffected, including the right to claim damages which existed at or before the date of termination or expiry; and
10.2 | Clauses which expressly or by implication survive termination shall continue in full force and effect.
10.3 | Beyond the 10- day cooling off period no refunds will be available for unused course.
11 | COURSE FEES AND COURSE MATERIAL EXTENSIONS
11.1 | Unless expressly stated, Course Materials and Course Fees do not include personal stationery, books, special materials and texts and any other study related material you may elect to purchase.
11.2 | The mode of assessment varies between Courses and between training providers and may include online/ in-person assessments and/or submission of written assessments – or any combination thereof. We reserve the right to change the mode of assessment applicable to a Course at any time, including after your Enrolment. We will however, where practical, give you reasonable notice of any change to the mode of assessment.
12 | IN CASE OF USE OF ONLINE LEARNING SYSTEM
12.1 | For the avoidance of doubt, if you have logged on to the Online Learning System and downloaded material or completed over three hours of training, as indicated by our records, you will not be able to cancel your Course and to the maximum extent permitted by law, we have no liability to provide you with a refund of the Course Fees paid – in whole or in part.
12.2 | We will use our reasonable endeavours to provide login details for the Online Learning System specific to you within five – 3 – business days from the Enrolment Date. We will do this by emailing the login to the email address you provide to us. On receipt of the login, you will be able to access the online Course Materials.
12.3 | We shall have no responsibility or liability to you for your inability to access the Online Learning System due to issues beyond our control such as the speed of your internet connection – or other connection devices used, your use of third-party security software or firewall/proxy servers, or the performance levels of your internet service provider.
12.4 | In case of any issues related to course material or teaching, the Student must contact the MBA Training Team in accordance with clause 4.3
13 | TRANSFERRING THE COURSE TO SOMEONE ELSE
13.1 | If you purchase the Course as a Consumer, your Enrolment in a Course is personal to you and you may not transfer the Course to any other person.
14 | EXAMINATIONS AND RESITs
14.1 | You may only sit exams outlined in your course. If you are in any doubt, please contact us.
14.1.1 | You must take any examinations, including necessary resits, as part of the course in order to receive certification and;
14.1.2 | you must access and complete all study modules and test preps associated with that exam; and
14.1.3 | if you fail an examination, including necessary resits, you will need to re-take the test for issue of the certificate; and
14.2 | For the avoidance of doubt you will not be able to request a refund of the course fees on account of failure in the exam.
14.3 | Any terms and conditions set by any software or other vendor, in respect of their examination guidelines are also applicable. It is your responsibility to understand and adhere to those terms and conditions.
15 | COPYRIGHT AND INTELLECTUAL PROPERTY
15.1 | All Intellectual Property Rights in or arising out of or in connection with the Service shall be owned by MBA Training.
15.2 | All Course Materials are protected by copyright and are intended only for your individual learning purposes.
15.3 | You must not publish, copy, sell, broadcast, transmit, or otherwise reproduce or distribute any of the Course Materials otherwise than as permitted by law. You may, however:
15.3.1 | take notes in writing or on a laptop whilst attending the class
15.3.2 | print one copy of the Course Materials if given by the instructor – but not photocopy them; and
15.4 | The Course Materials provided to you may contain license agreements from parties other than us. Your Enrolment is subject to your compliance with any applicable license agreements.
15.5 | You will be responsible for making good any loss we suffer if you use or copy the Course Materials other than in accordance with these Terms.
16 | MBA Training Career Services
16.1 | We do not warrant or guarantee that the MBA Training Career Coaching Services will result in or improve the likelihood of securing new employment or other benefit.
16.2 | We reserve the right to update, change or withdraw the Career Coaching Services service at any time and to decline to offer the service at our discretion.
16.3 | The service is only available in English.
17 | NO WARRANTY OR GUARANTEE AS TO CAREER ADVANCEMENT AND REMUNERATION
17.1 | We do not warrant or guarantee that your Enrolment in, or completion of, any Course will result in, or improve the likelihood of, you securing any kind of employment or other benefit.
17.2 | If you are already employed or engaged as an employee or consultant, we do not, warrant or guarantee that your Enrolment, or completion of any Course will result in, or improve the likelihood of, you receiving an increase of remuneration or any other benefit.
17.3 | You are solely responsible for ensuring that the purchase of, and your Enrolment in, any Course is appropriate to your specific needs and objectives.
18| LIMITATION OF LIABILITY
YOUR ATTENTION IS PARTICULARLY DRAWN TO THIS CLAUSE
18.1 | Nothing in these Terms shall limit or exclude the MBA Training’s liability for:
18.1.1 | death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors;
18.1.2 | fraud or fraudulent misrepresentation; or
18.2 | Subject to clause 17.1:
18.2.1 | MBA Training shall under no circumstances whatever be liable to you, whether in contract, – 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 the Terms; and
18.3 | This clause 18 shall survive termination of the Contract.
19| EVENTS OUTSIDE OUR CONTROL
19.1 | For the purposes of the Terms, Force Majeure Event means an event beyond the reasonable control of MBA Training including but not limited to strikes, lock outs or other industrial disputes – whether involving the workforce of the Supplier or any other party, failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or subcontractors.
19.2 | MBA Training shall not be liable to the you as a result of any delay or failure to perform its obligations under the Terms as a result of a Force Majeure Event.
19.3 | If the Force Majeure Event prevents MBA Training from providing any Service, MBA Training shall, without limiting its other rights or remedies, have the right to terminate these Terms immediately by giving written notice to you.
20.1 | A party – “receiving party” – shall keep in strict confidence all technical or commercial know how, specifications, inventions, processes or initiatives which are of a confidential nature and have been disclosed to the receiving party by the other party – “disclosing party”, its employees, agents or subcontractors, and any other confidential information concerning the disclosing party’s business, its products and services which the receiving party may obtain. The receiving party shall only disclose such confidential information to those of its employees, agents and subcontractors who need to know it for the purpose of discharging the receiving party’s obligations under the terms, and shall ensure that such employees, agents and subcontractors comply with the obligations set out in this clause as though they were a party to the Terms. The receiving party may also disclose such of the disclosing party’s confidential information as is required to be disclosed by law, any governmental or regulatory authority or by a court of competent jurisdiction. This clause 20 shall survive termination of the Terms.
21 | NOTICES
21.1 | Any notice or other communication under or in connection with the Terms shall be in writing, sent to us at the address indicated in clause 4.4 or such other address as may be provided.
21.2 | A notice or other communication shall be deemed to have been received: if sent by email, one business day after transmission to the address referred to in clause 20.1.
21.3 | The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
22 | SEVERABILITY
22.1 | If any provision or part provision of the Terms is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part provision shall be deemed deleted. Any modification to or deletion of a provision or part provision under this clause shall not affect the validity and enforceability of the rest of the Terms.
23 | THIRD PARTY RIGHTS
23.1 | A person who is not a party to the Terms shall not have any rights to enforce its terms.
24 | VARIATION
24.1| Except as set out in these Terms, no variation, including the introduction of any additional terms and conditions, shall be effective unless it is agreed in writing and signed by MBA Training.
25 | GOVERNING LAW and JURISDICTION
25.1 | These Terms, and any dispute or claim arising out of or in connection with it 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.
25.2 | Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this Contract or its subject matter or formation – including non-contractual disputes or claims.
26 | CONTENT AND COURSE DELIVERY
26.1 | All course content and course material is delivered by MBA Training, registered address Suite 7, 10 The Shrubberies, George Lane, South Woodford, London E18 1BD.
All student support services are provided and delivered by MBA Training, to who have a contractual relationship with MBA Training Ltd.