3. SERVICE AVAILABILITY

3.1 Our website is intended for use only by people resident in the serviced countries CG choose to operate with. We do not accept orders from outside these jurisdictions. A full list of these jurisdictions can be found in the “country” drop down box during online checkout on our website. This information can also be requested by contacting info@careergenius.co.uk.

4. REGISTRATION, PASSWORDS AND SECURITY

4.1 When you register your details on any part of the website, you must ensure that the details provided by you on registration or on any subsequent occasion are complete and correct. You are required to inform us immediately of any changes to the information that you have provided so that we can communicate with you effectively.

4.2 If you register to use the website you will be asked to create a username and password. You must keep this password confidential and must not disclose or share it with anyone. If you know or suspect that someone else knows your password, you should notify us by contacting info@careergenius.co.uk. When you enrol onto a Course you will be issued with a student number which must be retained by you throughout your relationship with CG. It will help us if you can tell us your student number whenever you communicate with us about your Course.

4.3 If we have reason to believe that there is likely to be a breach of security or misuse of the website, we reserve the right to request that you change your password or suspend your account whilst any matters are resolved.

5. PLACING AN ORDER

5.1 After placing an order, you will receive an email from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy Courses. All orders are subject to acceptance by us.

5.2 Once payment has been made and processed, either online or via telephone, acceptance of your order will be confirmed by email, at which point a contract will come into existence between you and us and you will be enrolled on the Course.

5.3 If we cannot accept your order we will inform you by email and where possible we will not charge you for the Courses. This might be because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price description of the product, or where your payment (whether by card, BACS or cheque) is unsuccessful.

6. PROVISION OF COURSES AND DELIVERY OF COURSE MATERIALS

6.1 During the order process we will let you know when we will provide the Courses to you. We aim to fulfil your order within reasonable time of the order being placed, unless there are exceptional circumstances.

6.2 Any Course materials will be sent by courier to the delivery address you have provided to us.

6.3 If our supply of the Courses or Course materials are 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 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 and receive a refund for any Courses you have paid for but not received.

6.4 You will be responsible for the Study Pack Courses from the time they are delivered to the delivery address provided.

6.5 Ownership of the Study Pack Courses will only pass to you once we receive full payment of all sums due, including delivery charges.

7. COURSE MATERIALS

7.1 It is your responsibility to inspect the Course materials as soon as you have received them and to inform us about any defects.

7.2 We do not make any commitment to you that the content of the Courses will meet any specific requirements that you have and we expect you to take reasonable care to verify that the Course in question will meet your needs. We do not make any commitment to you that you will obtain any particular qualification from your receipt of the Courses.

8. OUR RIGHTS TO MAKES CHANGES/SUSPEND SUPPLY

8.1 We may change a Course: (a) to reflect the changes to the relevant syllabus and any relevant laws and regulatory requirements; and/or (b) to implement adjustments, improvements and updates.

8.2 These changes may impact the delivery, and your use of the Course as set out within Clause 6.3.

8.3 We may suspend the supply of a Course: (a) to deal with technical problems or make minor technical changes; (b) to update the Courses to reflect the changes to the relevant syllabus and any relevant laws and regulatory requirements.

8.4 We will contact you to tell you when we are suspending supply of the Courses.

9. YOUR RIGHTS – CONSUMERS

9.1 The rights set out in this Clause 9 will only apply where you are a consumer.

9.2 If you are a consumer, you may have the right to end the contract where: (a) if you want to end the contract because of something we have done or have told you we are going to do; (b) if you are a consumer and have just changed your mind about the Course; (c) if what you have bought is faulty; or (d) in all other cases (if we are not at fault and you are not a consumer exercising your right to change your mind).

9.3 If you are ending the contract because of something we have done or are going to do we will refund you in full for any products which have not been provided. This Clause will apply where; (a) we have told you about an upcoming change to the Courses or these Terms which you do not agree to; (b) we have told you about an error in the price or description of the Courses you have ordered and you do not wish to proceed; (c) there is a risk that supply of the Courses  may be significantly delayed because of events outside our control; (d) we have suspended supply of the Courses for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 90 days; or (e) you have a legal right to end the contract because of something we have done wrong.

9.4 Once you have placed an order for one of our Courses, you may cancel the contract at any time within fourteen days (the “Cooling Off Period”). Where you have purchased a service, the Cooling Off Period shall run from the date on which we emailed you in order to confirm our acceptance of your order. Where you have purchased goods, the Cooling Off Period shall run from the day after you received the goods. In this case, you will receive a full refund of the fee paid in accordance with our refunds policy below.

9.5 The Cooling Off Period will not apply, and you will not receive a refund in relation to any of the Courses provided by CG (including those which are provided in conjunction with any other organisation) where: (a)  once the Services have been completed; (b) where you have logged into or accessed the Course; (c) where you have broken a security seal on any item sealed for health and protection purposes; (d) where you have broken a security seal on any item including sealed or audio video recordings or sealed computer software; or (e) any products which become mixed inseparably with other items after their delivery.

9.6 To cancel a contract, you must inform us in writing by sending a cancellation letter by Royal Mail recorded delivery to our registered office address, or by email to info@careergenius.co.uk. You must also return any Courses and Course materials sent to you immediately, in the same condition

in which you received them, and at your own cost and risk. A cancellation is not final until Course materials are returned. You have a legal obligation to take reasonable care of the Course materials whilst they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.

9.7 If, in our sole opinion, any Courses (including any Course materials) are not returned to us in the same condition you received them, you may be charged a replacement charge.

9.8 After the Cooling Off Period has elapsed, we cannot accept Courses or Course materials being returned unless you have a statutory right to do so as set out below.

10. YOUR OBLIGATIONS – BUSINESS CUSTOMERS

10.1 When you purchase a Course as a business on behalf of an individual delegate our contract is with you the business and not to the individual undertaking the Course.

10.2 Course materials and Study Pack Courses will be sent to you, the business, and it is your responsibility to ensure the individual delegate receives those documents.

10.3 It is the businesses responsibility to ensure that the individual delegate attends the relevant practical sessions and assessments and completes any work relevant to the Course.

11. OUR REFUNDS POLICY

11.1 We offer a refund on all Study Pack Courses and Course materials provided they are returned to us within the Cooling Off Period.

11.2 Courses and Course materials are to be returned via Royal Mail Special or Recorded Delivery in the same condition you received them and, in our sole opinion, in a re-saleable condition and not marked in any way. No refunds are available for course that include DVD / CDROM or Online Courses. If you have broken a security seal on any item, then we will not be able to provide a refund.

11.3 When you return the Courses and Course materials to us:

(a) because you have cancelled the contract between us within the Cooling Off Period, we will process the refund due, to you as soon as reasonably possible and, in any case, within 30 days of the day you have given notice of your cancellation. In this case, we will refund the price of the Course concerned in full, not including the cost of delivering the item to you and may offer you the opportunity to purchase tutor support for an additional 3 months any additional add on services purchased. You will be responsible for the cost of returning the item to us.

Any items not returned in a re-saleable condition will be charged at the following rates: 100%

(b) for any other reason, if for example you claim that the Course or Course materials are defective, we will examine the returned Course or Course materials for defects and will notify you of your entitlement to any refund via email within a reasonable period of time. Courses or Course materials returned by you because of a valid defect will be refunded in full, including a refund of the delivery charges for sending the items to you and the cost incurred by you in returning the item to us.

11.4 In most circumstances we will refund any money received from you using the same method originally used to pay for your purchase.

11.5 In exceptional circumstances where the college has incurred a cost for a student’s registration

with an awarding body then a refund will be provided, less the cost of the registration fee.

12. PRICE AND PAYMENT

12.1 The price of any Course will be as quoted by us or on our website, except in cases of obvious error. The prices on our website may include VAT but exclude delivery costs (a total order price including VAT and delivery is provided when using the on-line checkout). Prices may be liable to change at any time. Special offer discounts are only available at the time of ordering and cannot be backdated.

12.2 Any vouchers provided by CG cannot be used in conjunction with any other offers or discounts provided on goods or services we provide.

12.3 Our website contains many Courses and it is always possible that, despite our best efforts, some of the Courses listed on our website may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Course’s correct price is less than our stated price; we will charge the lower amount when dispatching the Course to you. If a Course’s correct price is higher than the price stated on our website, we will normally, at our discretion, either contact you for instructions before dispatching the Course, or reject your order and notify you of such rejection (in which case you will not be enrolled on the Course).

12.4 We are under no obligation to provide the Course to you at any incorrect (lower) price, even after we have sent you a dispatch confirmation.

13. COURSE DURATION

13. 1 You will be required to complete your Course within 12 months of the enrolment date, unless otherwise stated. Any extension to the Course duration is down to our discretion and will incur and additional fee.

14. COURSE TRANSFER

14.1 We retain the sole discretion as to whether you may transfer to another Course offered by us. Requests to transfer Courses must be made within 14 days upon receiving the Course materials. The original Course materials must be returned to us in the same condition in which you received them (as set out in Clause 11). If, in our sole opinion, any Course materials are not returned to us in the same condition you received them, you will be charged a replacement cost for such Course materials.

14.2 In the event that we agree that you may transfer to another Course any price difference, additional postage charges and a £25 administration fee will apply. Where the new Course costs less than the original Course we will reimburse any balance to you. In all cases a £25 administration charge and additional postage costs will be applicable.

14.3 In exceptional circumstances, where a Course transfer is agreed after 14 days from enrolment and the contract formation, no reimbursement will be made. When a Course transfer is agreed an administration charge of £50 will be payable, plus any increased difference in Course price. Under no circumstance can a Course transfer request be accepted if the student has been enrolled onto a Course over 3 months.

14.4 Depending on the Course you are enrolled on, at any time during the time you study with us you may opt to change your method of studying from Online course to Study Pack course or vice versa. This will incur an administration charge of £25 plus additional postage charges (where applicable).

15. COURSE REPLACEMENT

15.1 If at enrolment the student has made their payment over the telephone and chosen to purchase the CG Course Replacement Service, course contents will be replaced in the event of damage or loss. The Course materials covered by the Course Replacement Service are printed.

15.2 Exclusions for the Course Replacement Service are at our discretion.

15.3 The Course Replacement Service is non-refundable under any circumstances and no replacements can be made within the first 14 days of enrolment whilst the Cooling Off Period is in place.

15.4 If paying the Course Replacement Service fee in installments, the full amount will be required to be paid before a replacement request is granted.

16. COURSE ASSISTANCE

16.1 All Courses advertised on this Website are provided by learning providers and or CG itself. If you require any assistance in relation to your course you should in the first instance contact the named tutor on your welcome letter or email.

17. LIABILITY and INDEMNITY

17.1 The Courses and Course materials are provided on an “as is” basis without any warranties, representations or conditions of any kind. CG and its suppliers, to the fullest extent permitted by law, disclaim all warranties, including the warranty of merchantability, non-infringement of third party rights and the warranty of fitness for a particular purpose. CG and its suppliers make no warranties about the accuracy, reliability, completeness or timeliness of the Courses or Course materials.

17.2 Our total aggregate liability for any loss or damage arising out of, or in connection with use of the Courses, Course materials or this website will not exceed the actual payment received by us from you for the Courses.

17.3 We will not be liable in any way for any increased costs or expenses, loss of profit, data, earnings, business, contracts, revenues or expected savings or any special indirect or consequential damage whatsoever arising out of any provision or use of the Courses, Course materials or this website or of any error or defect in them or of the performance non-performance or delayed performance of the Courses, Course materials or this website by us.

17.4 Nothing in in Clause 24 shall affect your statutory rights where you are a consumer.

18. INTELLECTUAL PROPERTY

18.1 Copying, adapting, reproducing, selling, distributing, modifying or any other use of all or any part of it without permission is strictly prohibited.

19. WRITTEN COMMUNICATIONS

19.1 When using our website, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information, and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.