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Learning Plus Limited

Terms and conditions of supply

This page (together with our @Html.ActionLink("Privacy Policy", "PrivacyPolicy", "Home", new { @class = "txt-link" }) tells you information about us and the legal terms and conditions (Terms) on which we sell any of the courses (Courses) listed on our website (our site) to you.

These Terms will apply to any contract between us for the sale of Courses to you (Contract). Please read these Terms carefully and make sure that you understand them, before ordering any Courses from our site. Please note that before placing an order you will be asked to agree to these Terms. If you refuse to accept these Terms, you will not be able to order any Courses from our site.

You should print a copy of these Terms or save them to your computer for future reference.

We amend these Terms from time to time as set out in clause 7. Every time you wish to order Courses, please check these Terms to ensure you understand the terms which will apply at that time. These Terms were most recently updated on [15 May 2015].

These Terms, and any Contract between us, are only in the English language.

1 Information about us

1.1 We operate the website www.elearningplus.co.uk. We are Learning Plus Limited, a company registered in England and Wales under company number 04887043 and with our registered office at 7 Wright Lane, Oadby, Leicester, Leicestershire, LE2 4TU. Our main trading address is 19-20 The Triangle, NG2 Business Park, Nottingham, NG2 1AE. Our VAT number is 135525718

1.2 Contacting us:

1.2.1 To cancel a Contract in accordance with your legal right to do so as set out in clause 8, you just need to let us know that you have decided to cancel. The easiest way to do this is to e-mail us at using the subject heading ‘Cancellation’. You can also contact our Customer Services team by telephone on 01159 934203 or by post to Learning Plus 19-20 The Triangle, NG2 Business Park Nottingham NG2 1AE . If you are e-mailing us or writing to us please include details of your order to help us to identify it. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you send us the e-mail or post the letter to us.

1.2.2 If you wish to contact us for any other reason, including because you have any complaints, you can contact us by [telephoning our customer service team at 01159 934203 or by e-mailing us at support@learningplus.co.uk

1.2.3 If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order.

2 Our Courses

2.1 The images of the Courses and associated content displayed on our site are for illustrative purposes only. Although we have made every effort to display the Courses accurately, we cannot guarantee that the images on the website accurately reflect the Courses or the colours displayed when taking the Courses. The content of your Courses may vary slightly from the descriptions and images displayed on our site.

2.2 [In order to properly access the Courses, you will need one of the following[, free to download] browsers:

2.2.1 [Insert list of compatible browsers or requirements]

If your browser is not one of those listed in this clause we cannot guarantee that you will be able to view and take the Courses.]

2.3 Use of our site

Your use of our site is governed by our Terms of website use [Insert hyperlink to terms of website use]. Please take the time to read these, as they include important terms which apply to you.

3 How we use your personal information

We only use your personal information in accordance with our Privacy Policy Please take the time to read our Privacy Policy , as it includes important terms which apply to you.

4 If you are a consumer

This clause 4 only applies if you are a consumer.

If you are a consumer, you may only purchase Courses from our site if you are at least 18 years old.

5 [If you are a business customer

This clause 5 only applies if you are a business.

5.1 If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use our site to purchase Courses.

5.2 These Terms and any document expressly referred to in them constitute the entire agreement between you and us and supersede and extinguish all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter.

5.3 You acknowledge that in entering into this Contract you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms or any document expressly referred to in them.

5.4 You and we agree that neither of us shall have any claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this Contract.

6 How the contract is formed between you and us

6.1 Our course option pages will guide you through the steps you need to take to place an order with us. Our 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 page of the order process.

6.2 After you place an order, you will receive an e-mail from us acknowledging that we have received your order. [However, please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in clause 6.3. ]

6.3 We will confirm our acceptance to you by sending you an e-mail that confirms that your Course is now available and contains a link which you can click on in order to access your Course (Course Confirmation). The Contract between us will only be formed when we send you the Course Confirmation.

6.4 If we are unable to supply you with a Course, for example because that Course is no longer available or because of an error in the price on our site as referred to in clause 10.4, we will inform you of this by e-mail and we will not process your order. If you have already paid for the Course, we will refund you the full amount as soon as possible.

7 Our right to vary these Terms

7.1 We amend these Terms from time to time. Please look at the top of this page to see when these Terms were last updated and which Terms were changed.

7.2 Every time you order Courses from us, the Terms in force at the time of your order will apply to the Contract between you and us.

7.3 We may revise these Terms as they apply to your order from time to time to reflect changes in relevant laws and regulatory requirements.

7.4 If we have to revise these Terms as they apply to your order, we will contact you to give you reasonable advance notice of the changes and let you know how to cancel the Contract if you are not happy with the changes. You may cancel in respect of any Courses for which you have not yet commenced the online training programme. If you opt to cancel, we will withdraw your access to the relevant Courses and arrange a full refund of the price you have paid.

8 Your consumer right of return and refund

This clause 8 only applies if you are a consumer.

8.1 If you are a consumer, you have a legal right to cancel a Contract under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 during the period set out below in clause 8.3. This means that during the relevant period if you change your mind or decide for any other reason that you do not want to proceed with taking a Course, you can notify us of your decision to cancel the Contract and receive a refund. Advice about your legal right to cancel the Contract is available from your local Citizens' Advice Bureau or Trading Standards office.

8.2 However, this cancellation right does not apply in the case of any Course in respect of which you have commenced the online training programme. [Before you commence the online training programme, we will notify you that after commencing the programme you will no longer be able to cancel the Contract.] Once you commence the online training programme you acknowledge that your right to cancel the Contract will be lost.

8.3 Your legal right to cancel a Contract starts from the date of the Course Confirmation (the date on which we e-mail you to confirm our acceptance of your order), which is when the Contract between us is formed. Your deadline for cancelling the Contract for Courses ends 14 days after the day on which you receive the Course via the Course Confirmation.

8.4 To cancel a Contract, you just need to let us know that you have decided to cancel. The easiest way to do this is to e-mail us at [E-MAIL ADDRESS] using the subject heading ‘Cancellation’.

You can also contact our Customer Services team by telephone on [INSERT NUMBER] or by post to [ADDRESS].

If you are e-mailing us or writing to us please include details of your order to help us to identify it. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you send us the e-mail or post the letter to us.

8.5 If you cancel your Contract we will:

8.5.1 refund you the price you paid for the Courses.

8.5.2 make any refunds due to you as soon as possible and in any event within 14 days after you inform us of your decision to cancel the Contract.

8.6 We will refund you via PayPal, which will in turn send the refund to your credit or debit card where you have paid by credit or debit card. It can take up to 30 working days for the funds to show as a credit in your PayPal account.

8.7 If a Course has been delivered to you (via a Course Confirmation) before you decide to cancel your Contract, we will, on cancellation, withdraw your access to the Course.

8.8 Because you are a consumer, we are under a legal duty to supply Courses that are in conformity with this Contract. As a consumer, you have legal rights in relation to Courses that are faulty or not as described. These legal rights are not affected by your right of return and refund in this clause 8 or anything else in these Terms. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.

9 Delivery

9.1 Delivery of an order shall be completed when we deliver the Courses via the Course Confirmation.

This clause 9.2 only applies if you are a consumer.

9.2 If we miss the 30 day delivery deadline for any Courses then you may cancel your order straight away if any of the following apply:

9.2.1 we have refused to deliver the Courses;

9.2.2 delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or

9.2.3 you told us before we accepted your order that delivery within the delivery deadline was essential.

9.3 If you do not wish to cancel your order straight away, or do not have the right to do so under clause 9.2, you can give us a new deadline for delivery, which must be reasonable, and you can cancel your order if we do not meet the new deadline.

9.4 If you do choose to cancel your order for late delivery under clause 9.2 or clause 9.3, you can do so for just some of the Courses or all of them, unless splitting them up would significantly reduce their value. If the Courses have been delivered to you, we will withdraw your access to that Course from web link in the Course Confirmation. After you cancel your order we will refund any sums you have paid to us for the cancelled Courses.

9.5 Access to purchased courses will be granted for a total of 12 months, or until the course has been passed, whichever is sooner. After 12 months any uncompleted or failed course material will no longer be accessible unless repurchased. 

10 Price of courses and delivery charges

10.1 The prices of the Courses will be as quoted on our site at the time you submit your order. We take all reasonable care to ensure that the prices of Courses are correct at the time when the relevant information was entered onto the system. However please see clause 10.4 for what happens if we discover an error in the price of Course(s) you ordered.

10.2 Prices for our Courses may change from time to time, but changes will not affect any order you have already placed.

10.3 The price of a Course includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Courses in full before the change in VAT takes effect.

10.4 Our site contains a large number of Courses. It is always possible that, despite our reasonable efforts, some of the Courses on our site may be incorrectly priced. If we discover an error in the price of the Courses you have ordered we will contact you in writing to inform you of this error and we will give you the option of continuing to purchase the Course at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. Please note that if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Courses to you at the incorrect (lower) price.

11 How to pay

11.1 All payments will be made to us via PayPal. You will automatically be redirected to the PayPal website for payment during the checkout process.

11.2 Payment for the Courses is in advance. [We will not charge you until we dispatch your Course Confirmation].

12 Our liability if you are a business

This clause 12 only applies if you are a business customer.

12.1 We only supply the Courses for internal use by your business, and you agree not to use the Course for any resale purposes.

12.2 Nothing in these Terms limits or excludes our liability for:

12.2.1 death or personal injury caused by our negligence;

12.2.2 fraud or fraudulent misrepresentation;

12.2.3 breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or

12.2.4 defective courses under the Consumer Protection Act 1987.

12.3 Subject to clause 12.2, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:

12.3.1 any loss of profits, sales, business, or revenue;

12.3.2 loss or corruption of data, information or software;

12.3.3 loss of business opportunity;

12.3.4 loss of anticipated savings;

12.3.5 loss of goodwill; or

12.3.6 any indirect or consequential loss.

12.4 Subject to clause 12.2, our total liability to you in respect of all losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed [the price of the Courses].

12.5 Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Courses. 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 Courses are suitable for your purposes.

13 Our liability if you are a consumer

This clause 13 only applies if you are a consumer.

13.1 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into this contract.

13.2 We are not responsible for any loss or damage arising from your own actions or failure to act, including, for example, any losses arising from your failure to pass any Course.

13.3 It is your responsibility to verify that a Course is suitable for your needs. Except where specifically and clearly set out in the description of a Course, we do not represent or guarantee that you will gain any additional benefit from taking and/or passing any Course (for example, we do not guarantee that a Course will be accepted as meeting the requirements of an employer).

13.4 We have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

13.5 We do not in any way exclude or limit our liability for:

13.5.1 death or personal injury caused by our negligence;

13.5.2 fraud or fraudulent misrepresentation;

13.5.3 any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);

13.5.4 any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and

13.5.5 defective courses under the Consumer Protection Act 1987.

14 Events outside our control

14.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause 14.2.

14.2 An Event Outside Our Control means any act or event beyond our reasonable control.

14.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:

14.3.1 we will contact you as soon as reasonably possible to notify you; and

14.3.2 our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Courses to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.

14.4 You may cancel a Contract affected by an Event Outside Our Control [which has continued for more than [30] days]. To cancel please contact us. If you opt to cancel, we will refund the price you have paid.

15 Communications between us

15.1 When we refer, in these Terms, to "in writing", this will include e-mail.

15.2 If you are a consumer you may contact us as described in clause 1.2.

15.3 If you are a business:

15.3.1 Any notice or other communication given by you to us, or by us to you, under or in connection with the Contract shall be in writing and shall be delivered personally, sent by pre-paid first class post or other next working day delivery service or e-mail.

15.3.2 A notice or other communication shall be deemed to have been received: if delivered personally, when left at our registered office; if sent by pre-paid first class post or other next working day delivery service, at 9.00 am on the second Business Day after posting or if sent by e-mail, one Business Day after transmission.

15.3.3 In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.

15.3.4 The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.

16 Other important terms

16.1 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms. [We will always notify you [in writing or] by posting on this webpage if this happens.]

16.2 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.

16.3 This Contract is between you and us. No other person shall have any rights to enforce any of its terms.

16.4 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.

16.5 If we fail to insist that you perform any of your obligations under these Terms, 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, and that will not mean that we will automatically waive any later default by you.

16.6 If you are a consumer, please note that these Terms are governed by English law. This means a Contract for the purchase of Courses through our site and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland

16.7 If you are a business, a Contract 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

16.8 If you are a business, we both irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with a Contract or its subject matter or formation (including non-contractual disputes or claims).