WMG IDH Digital Learning Terms
1. These terms
1.1. What these terms cover. These are the terms and conditions on which we will supply the Course to you.
1.2. Why you should read them. Please read these terms carefully before you apply for enrolment on the course. These terms tell you who we are, how we will provide the Course, how you and we may change or end the contract, what to do if there is a problem and other important information. Definitions used in these terms. Where defined terms are used in this agreement they have the following meanings:
1.2.1. “Digital Content” means the professional development resources made available as part of the Course.
1.2.2. “Course” means an online course to be provided by us.
1.2.3. “Intellectual Property Rights” means patents, rights to inventions, copyright and related rights, moral rights, trade marks, business names and domain names, rights in get-up, goodwill and the right to sue for passing off, rights in designs, rights in computer software, 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.
1.2.4. “Website” means http://moodle.warwick.ac.uk
2. Information about us and how to contact us
2.1. Who we are. We are University of Warwick of University House, Kirby Corner Road, Coventry CV4 8UW, England. Our registered VAT number is GB545270058.
2.2. How to contact us. You can contact us by telephoning our customer service team at +44(0) 24 7652 3976 or by writing to us at email@example.com or to the Programme Administrator, Engineering Management Building, WMG, The University of Warwick, Coventry CV4 7AL.
2.3. How we may contact you. 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 application.
2.4. “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
3. Our contract with you
3.1. How we will accept your application. Our acceptance of your application for enrolment on the Course will take place when we email you to accept it, at which point a contract will come into existence between you and us.
3.2. If we do not accept your application. If we do not accept your application for enrolment on the Course, we will inform you of this in writing and will not charge you for the Course.
4. Your conduct
4.1. Your account. You will not allow any other person to log on to your account in relation to the Course and you are solely responsible for all use of your account.
4.2. Your own work. You agree that, in undertaking the Course, you will personally complete all activities required by the Course and will not copy, in whole or in part, the work of any other person.
4.3. Information we need. We may need certain information from you to enable you to participate in the Course. You agree that all information provided by you in your application for the Course was accurate and current. You agree to maintain and update your information to keep it accurate at all times.
4.4. Our policies and regulations regarding use of computing facilities. You agree to comply with our policies and regulations regarding use of computing facilities, which can be found in this link http://www2.warwick.ac.uk/services/its/about/policies/
4.5. Password Security.
4.5.1. Your password is unique to you and you will be entirely responsible for keeping your password confidential. You agree not to disclose your password to anyone.
4.5.2. If you suspect or have reason to believe that somebody else is using your password to gain access to the Website or the Digital Content you agree to notify us immediately, upon which we will reset your password and supply you with a new password. You are responsible for any activity under your username and/or password unless and until you have notified us.
4.6. Software Requirements
4.6.1. You may be required to download third party software in order to be able to use the Digital Content.
4.6.2. Your use of any third party software is at your own risk. Subject to clause 12 we accept no liability for the availability of such software or for any problems that may arise as a result of your downloading or installing any third party software.
5. Our rights to make changes
5.1. We may change the content of the Course (including the Digital Content) from time to time as we see fit.
6. Suspending access to the Course
6.1. Temporary suspension of access. Access to the Course, the Digital Content or the Website may be suspended temporarily without notice in the case of system failure, maintenance or repairs for reasons beyond our control.
6.2. Reasons we may suspend the Course. We may have to suspend the provision of the Course to:
6.2.1. deal with technical problems or make technical changes;
6.2.2. update the Course to reflect changes in relevant laws and regulatory requirements;
7. Intellectual Property
7.1. We or our licensors own all the Intellectual Property Rights in the Digital Content. These terms will not transfer any ownership in the Digital Content. If any Digital Content becomes, or in our opinion is likely to become subject to an infringement claim, we may (at our option and expense):
7.1.1. obtain the right for you to continue using the Digital Content;
7.1.2. modify or replace the Digital Content to avoid the infringement claim; or
7.1.3. if in our opinion neither 7.1.1 nor 7.1.2 is commercially reasonable, terminate this agreement with you and refund the price.
7.2. You may access the Digital Content only for the purposes of your participation in the Course.
7.3. You may not copy the Digital Content, issue any copies to or rent or lend the Digital Content to any person or communicate it to the public or make any adaptations of the Digital Content.
7.4. You will allow us to copy and modify any information you submit to us for the purposes of evaluation of your performance in the Course.
8. Your rights to cancel your application or enrolment on the Course
8.1. Cancellation prior to our acceptance. You may withdraw your application for the Course at any time before we have accepted your application. You need to notify us by email to firstname.lastname@example.org and we will cancel your application and refund any fees your have paid by the method you used for payment within 14 days of your telling us you have changed your mind.
8.2. Cancellation prior to acceptance. You may withdraw from the Course up to 14 days after the date of our confirmation that we have accepted your application (“Cancellation Period”). You need to notify us by email to email@example.com and we will cancel your enrolment on the course and refund any fees you have paid by the method you used for payment within 14 days of your telling us you have changed your mind. However, your right to cancel and obtain any refund will be lost if you access the Digital Content during the Cancellation Period.
9. Our rights to end the contract
9.1. We may withdraw the Course. We may write to you to let you know that we are going to stop providing the Course. We will let you have as much notice as is reasonably practicable in advance of our stopping the provision of the Course and will refund any sums you have paid in advance for the Course which will not be provided.
10. If there is a problem with the Course
10.1. How to tell us about problems. If you have any questions or complaints about the Course, please contact us. You can telephone our customer service team at +44(0) 24 7652 3976 or by writing to us at firstname.lastname@example.org or to the Programme Administrator, Engineering Management Building, WMG, The University of Warwick, Coventry CV4 7AL.
10.2. Summary of your legal rights. We are under a legal duty to supply services that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the product. 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.
As we are providing services, the Consumer Rights Act 2015 says:
- you can ask us to repeat or fix a service if it’s not carried out with reasonable care and skill, or get some money back if we can’t fix it.
- if you haven’t agreed a price upfront, what you’re asked to pay must be reasonable.
- if you haven’t agreed a time upfront, it must be carried out within a reasonable time.
11. Price and payment
11.1. Where to find the price for the Course. The price of the Course (which includes VAT) will be the price indicated on the application pages when you submit your application. We use all reasonable efforts to ensure that the price of the Course advised to you is correct. However please see clause 11.3 for what happens if we discover an error in the price of the Course you applied for.
11.2. We will pass on changes in the rate of VAT. If the rate of VAT changes between your application date and the date we start to supply the Course, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
11.3. What happens if we got the price wrong. It is always possible that, despite our reasonable efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your application so that, where the correct price at your application date is less than our stated price at your application date, we will charge the lower amount. If the correct price at your application date is higher than the price stated, we will contact you for your instructions before we accept your application. If we accept and process your application 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.
11.3.1. When you must pay and how you must pay. We accept payment with credit and debit cards. You must pay for the Course in advance.
12. Our responsibility for loss or damage suffered by you
12.1. 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.
12.2. We are not liable for business losses. If you use the Course for any commercial or business purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
12.3. We do not guarantee any result or outcome. The Course is for education purposes only, intended to be informative rather than instructional. We do not accept any responsibility to you or any other party for the use of the information provided and/or the Digital Content and/or the Course materials for any purpose other than for educational purposes, and we do not promise that attending the Course will lead to any particular result or outcome.
13. How we may use your personal information
13.1. How we will use your personal information. We will use the personal information you provide to us:
13.1.1. to supply the Course to you;
13.1.2. to process your payment for the products; and
13.1.3. if you agreed to this during the application process, to inform you about similar courses or products that we provide, but you may stop receiving these at any time by contacting us.
13.2. We will only give your personal information to third parties where the law either requires or allows us to do so.
14. Other important terms
14.1. We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation.
14.2. You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
14.3. Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
14.4. 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.
14.5. 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 the products, we can still require you to make the payment at a later date.
14.6. Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.
Revised 27 January 2016