General Terms and Conditions
1. Introduction1.1 These terms and conditions shall govern your use of our website: https://www.thedigitalcollege.co.uk.
1.2 By using our website, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website.
1.3 “Effective Date” means the date we send you a welcome email, as per the process set out in Clause 6.2.
1.4 “Training Course” means any one of the training courses or other products and services to which you can purchase access on this website (https://www.thedigitalcollege.co.uk).
1.5 If you sign up for any of our Training Courses, we will ask you to expressly agree to these terms and conditions.
1.6 By using our website, you warrant and represent to us that you are at least 16 years of age or 15 years of age being supervised by someone who is at least 18 years of age. Where learners are under 16 years of age, parents and guardians agree that they will supervise their children when they are using this website.
1.7 If you use our website or expressly agree to these terms and conditions in the course of a business or other organisational project, then by so doing you bind both:
(a) yourself; and
(b) the person, company or other legal entity that operates that business or organisational project,
to these terms and conditions, and in these circumstances references to "you" in these terms and conditions are to both the individual user and the relevant person, company or legal entity, unless the context requires otherwise.
2. Copyright notice2.1 Copyright © 2021 The Digital College Ltd.
2.2 Subject to the express provisions of these terms and conditions:
(a) we, together with our licensors, own and control all the copyright and other intellectual property rights in our website and the material on our website; and
(b) all the copyright and other intellectual property rights in our website and the material on our website are reserved.
2.3 Nothing in these terms and conditions shall operate to assign or transfer any intellectual property rights from us or our licensors to you, or from you to us or our licensors.
3. Permission to use website3.1 You may:
(a) view pages from our website in a web browser;
(b) download pages from our website for caching in a web browser;
(c) print pages from our website for your own personal use, providing that such printing is not systematic or excessive;
(d) stream audio and video files from our website using the media player on our website;
(e) download documents and other files from our website that are specified on the website as downloadable, store and view them on your computer, and print copies of them, in each case for your own personal use, and providing that such printing is not systematic or excessive; and
(f) use our website services by means of a web browser, subject to the other provisions of these terms and conditions, and providing that you will have no right to access or use materials that are only available under a particular Training Course unless you have purchased access to that Training Course and that access is current.
3.2 Except as expressly permitted by Clause 3.1 or the other provisions of these terms and conditions, you must not download any material from our website or save any such material to your computer.
3.3 You may only use our website for educational purposes; you must not use our website for any other purposes.
3.4 Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on our website.
3.5 Unless you own or control the relevant rights in the material, you must not:
(a) republish material from our website (including republication on another website);
(b) sell, rent or sub-license material from our website;
(c) show any material from our website in public;
(d) exploit material from our website for a commercial purpose; or
(e) redistribute material from our website.
3.6 Notwithstanding Clause 3.5, you may redistribute our course catalogue in print and electronic form to any person.
3.7 We reserve the right to suspend or restrict access to our website, to areas of our website and/or to functionality upon our website. We may, for example, suspend access to the website during server maintenance or when we update the website. You must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on the website.
4. Misuse of website4.1 You must not:
(a) use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability, accessibility, integrity or security of the website;
(b) use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
(c) hack or otherwise tamper with our website;
(d) probe, scan or test the vulnerability of our website without our permission;
(e) circumvent any authentication or security systems or processes on or relating to our website;
(f) use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
(g) impose an unreasonably large load on our website resources (including bandwidth, storage capacity and processing capacity);
(h) decrypt or decipher any communications sent by or to our website without our permission;
(i) conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent;
(j) access or otherwise interact with our website using any robot, spider or other automated means, except for the purpose of search engine indexing;
(k) use our website except by means of our public interfaces;
(l) violate the directives set out in the robots.txt file for our website;
(m) use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing); or
(n) do anything that interferes with the normal use of our website.
4.2 You must not use data collected from our website to contact individuals, companies or other persons or entities.
4.3 You must ensure that all the information you supply to us through our website, or in relation to our website, is true, accurate, current, complete and non-misleading.
5. Registration and accounts5.1 In order to successfully register for an account on our website, you must:
(a) Complete and submit the account registration form on our website; and
(b) Expressly agree to these terms and conditions.
5.2 If you register for an account with our website, we will provide you with a username and password.
5.3 You must not allow any other person to use your account to access the website and you must notify us in writing immediately if you become aware of any unauthorised use of your account.
5.4 You must not use any other person's account to access the website, unless you have that person's express permission to do so.
5.5 You must not use your account for or in connection with the impersonation of any person.
5.6 You must keep your password confidential and you must notify us in writing immediately if you become aware of any disclosure of your password.
5.7 You are responsible for any activity on our website arising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such a failure.
6. Training Courses6.1 The advertising of the Training Courses on our website constitutes an "invitation to treat" rather than a contractual offer.
6.2 To enter into a contract for the supply of a Training Course, the following steps must be taken:
6.2.1 You must register for an account on our website and you must place an order through our online shop by filling a virtual shopping basket and following the instructions for placing an order;
6.2.2 An order is placed when you press the ‘Buy Now’ button and we receive confirmation from our payment provider that your payment request has been accepted (or if you cannot or prefer not to transact with a card, when we have received your payment by BACS or cheque or through PayPal);
6.2.3 We may reject an order for any lawful reason;
6.2.4 If we accept an order, we will send you a welcome email – a contract will be formed between us and you at the point at which we send you a welcome email.
6.3 Unless we agree otherwise in writing, each accepted order for a Training Course will create a distinct contract under these Terms and Conditions.
6.4 From the Effective Date and subject to the other provisions of these terms and conditions, we will provide you with access to the Training Course you have signed up to for six consecutive months (the Term). Please note that whilst for Training Courses which contain vocational end of course exams you may resit the exam as many times as you like during the Term without incurring further fees, for Training Courses which include official examinations, you must pay for a resit if you do not pass such a Training Course at the first attempt.
6.5 We may update our Training Courses, provided that if we update a Training Course during the Term, you will be given access to the updated version.
7. Licence7.1 We shall grant you a worldwide, non-exclusive licence to access and use such Training Course during the Term for educational purposes subject to the limitations and prohibitions set out and referred to in this Clause 7. 7.2 You may not sub-license and must not purport to sub-license any rights granted under Clause 7.1 without our prior written consent. 7.3 Save to the extent expressly permitted by these terms and conditions or required by applicable law on a non-excludable basis, any licence granted under this Clause 7 shall be subject to the following prohibitions: (a) you must not sell, resell, rent, lease, loan, supply, publish, distribute or redistribute our Training Courses; (b) you must not alter, edit or adapt our Training Courses; and (c) you must not decompile, de-obfuscate or reverse engineer, or attempt to decompile, de-obfuscate or reverse engineer, our Training Courses.
8. Cancellation, rescheduling and refunds
8.1 We may:
(a) edit your account details;
(b) temporarily suspend your account; and/or
(c) cancel your account,
at any time in our sole discretion, providing that if we cancel any services you have paid for and you have not breached these terms and conditions, you will be entitled to a refund of any amounts paid to us in respect of those services that were to be provided by us to you after the date of such cancellation; we will give you reasonable written notice of any cancellation under this Clause 8.1.
8.2 You may cancel your account on our website (and in so doing cancel your access to any Training Courses you have purchased) by emailing us at [email protected] or phoning us on +44 (0) 20 7183 2673. You will not be entitled to any refund if you cancel your account in accordance with this Clause 8.2.
8.3 We may in our discretion disable access to some or all of the Training Courses for short periods of time, for example in order to allow us to carrying out website maintenance or to update Training Course content. In such cases, we will try to ensure that the period of time for which Training Courses are not available is not so substantial as to materially affect the users’ use of the Training Courses;
8.4 We, and our third party suppliers, reserve the right to cancel delivery of Training Courses and assessments at any time up to and including the day of delivery for matters beyond our control, such as technical issues. If you are affected by this, we will offer you rescheduled Training Courses or assessments (as applicable) at no additional cost. We do not accept any liability for any costs incurred in relation to such cancelled Training Courses or assessments.
8.5 If you offer to contract with us, or contract with us, as a consumer (i.e. as an individual acting wholly or mainly outside your trade, business, craft or profession) you hereby acknowledge that we may begin the provision of services within 14 days after the day on which our contract with you is entered into and you also acknowledge that you will lose your right to withdraw from such contract once you have started to download or stream our digital content.
8.6 Subject to Clause 8.5, if you contract with us as a consumer, you may cancel your order for a Training Course within 14 days of placing such order by emailing us at [email protected] and we will refund the fees already paid for such Training Course.
8.7 Some of our assessments, tests, certifications and qualifications (Assessments) are operated by a third party, such as an Awarding Body or trade body. Please see our Cancellation Terms which set out further terms in relation to such Assessments including how they may be cancelled or rescheduled.
9.1 The fees in respect of our Training Courses will be as set out on the website from time to time.
9.2 All amounts stated on our website are stated exclusive of VAT.
9.3 You must pay to us the fees in respect of our Training Courses in advance, in cleared funds, in accordance with any instructions on our website.
9.4 We may vary fees from time to time by posting new fees on our website, but this will not affect fees for Training Courses that have been previously paid.
9.5 If you dispute any payment made to us, you must contact us immediately and provide full details of your claim.
9.6 If you owe us any amount under or relating to these terms and conditions, we may suspend or withdraw the provision of Training Courses to you.
9.7 We may at any time set off any amount that you owe to us against any amount that we owe to you, by sending you written notice of the set-off.
10. Limited warranties
10.1 We shall provide the Training Courses to you in accordance with these terms and conditions and in accordance with the standards of skill and care reasonably expected from a leading online training course provider.
10.2 We do not warrant or represent:
(a) the completeness or accuracy of the information published on our website;
(b) that the material on the website is up to date;
(c) that the website will operate without fault; or
(d) that the website or any service on the website will remain available.
10.3 We reserve the right to discontinue or alter any or all of our website services, and to stop publishing our website, at any time in our sole discretion without notice or explanation; and save
to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing the website.
10.4 To the maximum extent permitted by applicable law and subject to Clause 10.1 and Clause 11.1, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our website and the use of our website.
11. Limitations and exclusions of liability
11.1 Nothing in these terms and conditions will:
(a) limit or exclude any liability for death or personal injury resulting from negligence;
(b) limit or exclude any liability for fraud or fraudulent misrepresentation;
(c) limit any liabilities in any way that is not permitted under applicable law; or
(d) exclude any liabilities that may not be excluded under applicable law,
and, if you are a consumer, your statutory rights will not be excluded or limited by these terms and conditions, except to the extent permitted by law.
11.2 The limitations and exclusions of liability set out in this Clause 11 and elsewhere in these terms and conditions:
(a) are subject to Clause 11.1; and
(b) govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.
11.3 To the extent that our website and the information and services on our website are provided free of charge, we will not be liable for any loss or damage of any nature.
11.4 We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
11.5 We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
11.6 We will not be liable to you in respect of any loss or corruption of any data, database or software, providing that if you contract with us under these terms and conditions as a consumer, this Clause 11.6 shall not apply.
11.7 We will not be liable to you in respect of any special, indirect or consequential loss or damage, providing that if you contract with us under these terms and conditions as a consumer, this Clause 11.7 shall not apply.
11.8 You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).
11.9 Our aggregate liability to you in respect of any contract to provide services to you under these terms and conditions shall not exceed the total amount paid and payable to us under the contract.
12. Breaches of these terms and conditions
12.1 Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:
(a) send you one or more formal warnings;
(b) temporarily suspend your access to our website;
(c) permanently prohibit you from accessing our website;
(d) block computers using your IP address from accessing our website;
(e) contact any or all of your internet service providers and request that they block your access to our website;
(f) commence legal action against you, whether for breach of contract or otherwise; and/or
(g) suspend or delete your account on our website.
12.2 Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).
13. Third party websites
13.1 Our website includes hyperlinks to other websites owned and operated by third parties; such hyperlinks are not recommendations.
13.2 We have no control over third party websites and their contents, and subject to Clause 11.1 we accept no responsibility for them or for any loss or damage that may arise from your use of them.
14. Trade marks
14.1 Our logos and our registered and unregistered trade marks are trade marks belonging to us; we give no permission for the use of these trade marks, and such use may constitute an infringement of our rights.
14.2 The third party registered and unregistered trade marks or service marks on our website are the property of their respective owners and, unless stated otherwise in these terms and conditions, we do not endorse and are not affiliated with any of the holders of any such rights and as such we cannot grant any licence to exercise such rights.
15. Force Majeure
If Training Courses that you have paid to access are unavailable due to circumstances outside our reasonable 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 unavailability.
16.1 We may revise these terms and conditions from time to time.
16.2 We will give you written notice of any revision of these terms and conditions in relation to material changes affecting the terms of your access to Training Course content, and the revised terms and conditions will apply to the use of our website from the date that we give you such notice. All other revisions to these terms and conditions shall apply to the use of our website from the date of publication of the revised terms and conditions on the website, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these terms and conditions. If you do not agree to the revised terms and conditions, you must stop using our website.
17.1 You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions - providing, if you are a consumer, that such action does not serve to reduce the guarantees benefiting you under these terms and conditions.
17.2 You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.
18.1 If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
18.2 If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
19. Third party rights
19.1 A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.
19.2 The exercise of the parties' rights under a contract under these terms and conditions is not subject to the consent of any third party.
20. Entire agreement
21.1 These terms and conditions shall be governed by and construed in accordance with English law.
21.2 Any disputes relating to these terms and conditions shall be subject to the exclusive jurisdiction of the courts of England.
22. Statutory and regulatory disclosures
22.1 We will not file a copy of these terms and conditions specifically in relation to each user or customer and, if we update these terms and conditions, the version to which you originally agreed will no longer be available on our website. We recommend that you consider saving a copy of these terms and conditions for future reference.
22.2 These terms and conditions are available in the English language only.
22.3 Our VAT number is 980433907
23. Our details
23.1 This website is owned and operated by The Digital College Ltd.
23.2 We are registered in England and Wales under registration number 06997757, and our registered office is at Omnibus, 39-41 North Road, London N7 9DP, United Kingdom.
28.4 You can contact us:
(a) by post, to the postal address given above;
(b) using our website contact form;
(c) by telephone, on the contact number published on our website; or
(d) by email, using the email address published on our website.